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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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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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