Treason and Lords of Justiciary and counterfeiting the Great Seal of Scotland remain treason under sections 11 and 12 of the Treason Act 1708 respectively. Treason is a reserved matter about which the Scottish Parliament is prohibited from legislating. Two acts of the former Parliament of Ireland passed in 1537 and 1542 create further treasons which apply in Northern Ireland. The penalty for treason was changed from death to a maximum of imprisonment for life in 1998 under the Crime And Disorder Act. Before 1998, the death penalty was mandatory, subject to the royal prerogative of mercy. Since the abolition of
Felony murder and the death penalty in the United States penalty for felony murder in some cases but not others, and that the dividing line is the situation presented by "Tison". In "Coker v. Georgia," the Court had rejected the death penalty for rape because only one state—Georgia—allowed that punishment. Accordingly, the task for the Court was to count the number of states that allowed the death penalty for felony murder to see if the death penalty was a comparatively rare sanction for that crime. This enumeration was not as simple as it might seem at first. In 1982, 36 states authorized the death penalty. In four, felony murder was