The 1993 Pratt and Morgan v. The Attorney General for Jamaica case established that keeping a prisoner on death row for more than five years is considered inhumane and illegal. The case ruled that the death penalty should be commuted to life imprisonment in such cases. The ruling also suggested that the appeals process in Jamaica should take no more than two years.
The case involved Earl Pratt and Ivan Morgan, who were arrested for a murder in 1977 and sentenced to death in 1979. The ruling in their case was based on the following considerations:
- Death row syndromeThe ruling recognized that death row syndrome is a modern phenomenon that subjects prisoners to an additional form of punishment.
- Length of delayThe ruling stated that delays of more than five years between sentencing and execution are considered inhumane and degrading.
- Responsibility of the accusedThe ruling considered the responsibility of the accused to assert their rights.
- Prejudice to the accusedThe ruling considered the prejudice caused to the accused.
Earl Pratt was released on parole in 2007, and Ivan Morgan died in prison of natural causes three years after the ruling.