This became apparent when the Upper House yesterday debated a motion to abolish or retain capital punishment in Jamaica.
After two days of rigorous debate, seven senators signalled their intention to vote against the retention of the death penalty while six of their colleagues indicated that they would support the death penalty.
A vote is scheduled to take place on the resolution next Friday but not before another eight senators make their contributions to the controversial debate.
Parliamentary sources indicate that the so-called abolitionists or 'doves' in the Senate could prevail in the conscience vote to abolish capital punishment.
If Senators vote to abolish the death penalty it would only be of academic interest as Prime Minister Bruce Golding has already stated that the House vote would take precedence over the Senate.
On November 25, the Lower House, in a conscience vote, made the decision to retain the death penalty. The vote was 34 for and 15 against.
No legal consequence
The conscience debate in both the House and the Senate has no legal consequence as it relates to the death penalty.
During the House debate, the prime minister had accepted a recommen-dation from the Opposition to amend the Constitution to remove the five-year stricture in relation to the carrying out of the death penalty after conviction.
Constitutional lawyer Dr Lloyd Barnett took issue with the proposed move to amend the Constitution to exclude any jurisdiction of the court to pronounce on matters relating to the imposition of the death penalty.
In a Gleaner interview yesterday, Dr Barnett described the move as "extraordinary and unprincipled".
Senator Dennis Meadows, in his contribution to the debate yesterday, proposed the construction of a special prison for persons convicted of capital murder.
He said convicted murderers should serve life imprisonment without parole in this special facility.
The Government senator said as part of the punishment inmates should not be allowed visits from family and friends.
Senator Meadows wants convicted killers to make restitution to the State and support the dependents of their victims.
Upper House leans towards abolition of death penalty
Death penalty debate
Senators against
• Dorothy Lightbourne
• A.J. Nicholson
• Mark Golding
• Trevor MacMillan
• Dennis Meadows
• Norman Grant
• Sandrea Falconer
Senators for
• Dwight Nelson
• Arthur Williams
• Dr Ronald Robinson
• Basil Waite
• Warren Newby
• Navel Clarke