header-logo header-logo

18 January 2007 / John Cooper KC
Issue: 7256 / Categories: Opinion
printer mail-detail

The NLJ column

Why do we allow revenge and neglect to play such major roles in our justice systems?

There can be no more emotive a crime than the murder of a child by its mother. Such a notion must strike at the very foundations of society.
The essence of society’s condemnation of murder, and the strict approach taken by the law to its commission is that it is the murderer’s explicit intention that the victim should die, or at least suffer really serious harm. The consequent sentence of mandatory life imprisonment follows on from this basic principle; it is driven, not so much by legal logic, but by the public demand for retribution.

A different kind of murder?

All this is well and good when one is dealing with the heinous actions of cold-blooded murder, born of anger, revenge or pure evil. But in almost all the cases of mothers killing their children, none of these reprehensible criteria exists. It is time to recognise that these mothers are probably not murderers and should not face the mandatory

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll