20 JANUARY 1923, Page 11

[To the Editor of the SPECTATOR.] Stn,—May I briefly make

two points with reference to your very sound article in this week's issue ?

1. Capital punishment is a deterrent and must, therefore, be retained to protect potential victims. While you were writing your article the Recorder of London was commenting to the Grand Jury on the absence of violent assaults from his lists since his announcement that in such cases the" cat" would be part of the punishment awarded. If the " cat " deters, how much more the hangman ?

2. The trouble at present is that sentence of death com- puLsorily follows practically all verdicts of murder. I do not like the idea of "degrees of murder," but there should be degrees of punishment for murder. On the Continent the Public Prosecutor tells the court what punishment he considers should be inflicted. I suggest that we should have an amend- ing law to provide that the death sentence should only be passed (I) when .counscl for the Crown asks for it or (2) when the Judge considers such a sentence expedient. In all other cases an alternative punishment for murder should be available. I have no sympathy with the sentimentalists who think only of the murderer. But present conditions provide the sentimentalists with their opportunity.—I am, Sir, &c., Goldsmith Building, Temple, E.G. 4.

CLAUD MULLINS.