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05 June 2008 / John Cooper KC
Issue: 7324 / Categories: Opinion , Legal services , Procedure & practice , Profession
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The NLJ Column

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

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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