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18 January 2007 / John Cooper KC
Issue: 7256 / Categories: Opinion
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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

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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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