header-logo header-logo

The NLJ column

18 January 2007 / John Cooper KC
Issue: 7256 / Categories: Opinion
printer mail-detail

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 life
sentence.

The preferred offence is infanticide. The offence bites

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll