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The NLJ column

18 January 2007 / John Cooper KC
Issue: 7256 / Categories: Opinion
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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
AlphaBiolabs has made a £500 donation to Sean’s Place, a men’s mental health charity based in Sefton, as part of its ongoing Giving Back initiative
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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