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 a mandatory death penalty statute because it failed to provide for individualized consideration at sentencing. The rule fashioned by "Enmund" and "Tison" accommodated this concern by ensuring that only felony murder defendants who had a sufficiently culpable mental state received the death penalty. In an earlier case the Court had remarked that "capital punishment can serve as a deterrent only when murder is the result of premeditation and deliberation." The "Tison" rule retreats from this belief with its implicit assessment that the death penalty can deter even those who act recklessly. "A narrow focus on the question of whether or