Retention of the mandatory life sentence for murder.

Murder can only be described as the about harmful and offensive of all crimes. It seemed for centuries both just and join to punish murderers with the retributive sentence to death. However throughout the historic period the penalty of death has proven unpopular and non requisite. Until the Homicide Act 1957 all persons convicted of murder were automatically sentenced to death. By s5 of that Act, sure types of murder were singled out and designated capital murder. These continued to be punishable by death, whilst the remaining types of murder were punishable by imprisonment for life. In effect having two degrees of murder. The distinction among capital murder and non-capital murder disappeared with the Abolition Death penalty Act 1965 and now the convicted murderer must be sentenced to obligatory life imprisonment (Smith and Hogan 1988:p330).

Offences of murder vary so immensely in gravity, contradictions and problems can arise to what is considered to be a upright and just sentence. The terms most frequently used by lawyers are the words just and unjust, and sometimes, very often, related to to as if the ideas of justice and morality were co-extensive (Hart 1978:p153). Moral rules impose obligations and restrictions upon individuals.



However, not only do law and morals share a vocabulary, they are also seen as duties and rights of the legal system, to produce primal moral guidelines (Hart 1978:p7).

We think and talk of justice according to the law, and moreover also of the justice or injustice of the laws. In this jimmy the facts suggest that we should view the law as a process of morality (Hart 1978:p7). More importantly some rules are needful in the sense that they require people to behave in certain ways, for example, to abstain from violence or pay taxes, whether they inclination to or not. When...

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