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The NLJ Column

05 June 2008 / John Cooper KC
Issue: 7324 / Categories: Opinion , Legal services , Procedure & practice , Profession
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The role of evil in the criminal justice system

It is not unusual to hear the police, judges, journalists or any other interested party, describe the commission of certain crimes as evil. The categories of such offences are well-honed, particularly despicable murder or violence nearly always comes top of the list of evil human behaviour.

More particularly, it is sentenced as such. The judge in his sentencing remarks will refer to the “evil” of the offence, for which a lengthy, condign sentence of imprisonment is the only response.

If the Law Commission's recommendations for the reform of murder become law, the criminal justice system will have to grapple with the concept of first and second degree murder, a conviction for first degree murder—the more heinous category—attracting harsher sentences, entrenching a categorisation approach to crime and sentencing, based at least in part, upon how heinous the offence is.

Evil v Mental Illness

If evil exists as a force which can be quantified, then sending people to prison for committing such crimes should make

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
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