Relevant bibliographies by topics / Criminal justice, Administration of – Scotland – History

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  2. Dissertations / Theses
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Academic literature on the topic 'Criminal justice, Administration of – Scotland – History'

Author: Grafiati
Published: 10 March 2023

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Journal articles on the topic "Criminal justice, Administration of – Scotland – History"

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Levack, Brian P. "The Prosecution of Sexual Crimes in Early Eighteenth-Century Scotland." Scottish Historical Review 89, no. 2 (October 2010): 172–93. http://dx.doi.org/10.3366/shr.2010.0204.

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A session of the north circuit held at Perth on 20 May 1709 marked a turning point in the prosecution of sexual crimes in Scotland and a significant change in the administration of Scottish criminal justice. By pardoning more than 300 men and women charged with fornication and adultery, the court brought about the de facto decriminalisation of those crimes in the Scottish secular courts. An incest trial held before the court the same day revealed difficulties in the prosecution of this crime and challenged prevailing male and clerical attitudes towards rape. The proceedings of the court also demonstrated the growing reluctance of Scottish advocates to appeal to biblical authority in criminal prosecutions. The legal developments at Perth were made possible by a bill of indemnity passed by the British parliament in 1708, the abolition of the Scottish privy council in the same year, and the establishment of a comprehensive circuit court system in Scotland.
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Donaldson, Anni. "Working patriarchies? Police and criminal justice responses to domestic abuse in Scotland 1960–1990." Kriminologijos studijos 9 (June 14, 2022): 47–76. http://dx.doi.org/10.15388/crimlithuan.2021.9.2.

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Post-war Scotland remained a deeply patriarchal country. Domestic abuse was common yet widely under-reported by the women it affected. This article argues that police and criminal justice agencies in Scotland 1960–1990 were ‘working patriarchies’ which created significant barriers to reporting. Oral history narratives from domestic abuse survivors, police and criminal justice professionals reveal deeply patriarchal workplaces and practices designed to maintain longstanding traditions of the patriarchal family. These inhibited reporting, denied women access to safety and justice in private life and contributed to women’s continuing inequality in post-war Scottish society.
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Smith, Bruce P. "English Criminal Justice Administration, 1650–1850: A Historiographic Essay." Law and History Review 25, no. 3 (2007): 593–634. http://dx.doi.org/10.1017/s0738248000004284.

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In his inaugural lecture as Downing Professor of the Laws of England at the University of Cambridge, delivered in October 1888, Frederic Maitland offered a set of provocative and now familiar reflections on “Why the history of English law is not written.” According to Maitland, although English archives possessed “a series of records which for continuity, catholicity, minute detail[,] and authoritative value” had “no equal…in the world,” the “unmanageable bulk” of these sources had “overburdened” aspiring historians of English law. As a result, “large provinces” of English legal history remained to be “reclaimed from the waste.” With few willing to undertake such reclamation efforts, the historiography of English law remained as bleak and barren as the bogs from which Maitland's Cambridgeshire had itself only reluctantly emerged.
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Pesskin, Annie. "An interview with an inspiring lawyer who is pursuing “smart justice”." International Journal of Forensic Psychotherapy 4, no. 1 (July 25, 2022): 52–58. http://dx.doi.org/10.33212/ijfp.v4n1.2022.52.

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This interview describes the hard work of a criminal lawyer, Iain Smith, working in Glasgow, Scotland who has been campaigning to make sure that offenders who have a history of adverse childhood experiences (ACEs) are given “smart justice” rather than ineffective and often punitive sentences by judges which lead to recividism and ruined lives.
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Constant, Frédéric. "Thinking With Models: The Construction of Legal Cases as Reflected in Late Qing Local Archives." T’oung Pao 107, no. 3-4 (September 8, 2021): 417–73. http://dx.doi.org/10.1163/15685322-10703012.

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Abstract In current scholarship, late imperial China’s criminal justice is mainly studied through judicial documents reviewed by the central administration, first and foremost the xingke tiben 刑科題本, or copies of routine memorials made by the censorial section of the Board of Punishments, as well as memorandum (shuotie 說帖) recorded in collections of cases. In this article, by contrast, I analyze a sample of more than forty dossiers on criminal cases constituted at the county level, for which the final judgment approved by the central administration is known. The reconstitution of the whole adjudication process shows that local magistrates often adapted the facts to fit the extant legal categories and commonly relied on model cases to craft their decisions. This pattern of administration of justice did not necessarily entail a miscarriage of justice and has its origin in a form of legal reasoning framed by the bureaucratic organization of late imperial Chinese justice.
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Butler, Sara M., and Anthony Musson. "Public Order and Law Enforcement: The Local Administration of Criminal Justice, 1294-1350." American Journal of Legal History 41, no. 4 (October 1997): 509. http://dx.doi.org/10.2307/846111.

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Dimitriou, Yanna, Eleni Socratus, and Emmanuil Drakakis. "The Corfu Criminal Court Archive: Recording, Impressing and Studying the Phenomenon of Violence and Justice in the Ionian State (1815-1864)." Moderna arhivistika 4, no. 1 (November 30, 2021): 51–65. http://dx.doi.org/10.54356/ma/2021/asxq4654.

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This article examines the encounters of the Ionian people with criminal justice system during the period from 1815 to 1864, when the Ionian Islands were a British protectorate. Drawing on data from cases of the Criminal Court Archives of Corfu for the first time, it argues that criminality mostly concerned the lower social classes and was not very common. Using violence as a lens, the paper primarily focuses on Corfu’s criminal justice system and offers quantitative and qualitative evidence on which further comparative studies of the history of law and crime in Greece and Europe at that time may be based.
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McPherson, Rachel. "Diminished Responsibility Post Codification: Lost Opportunities, Tensions and Gendered Applications." Edinburgh Law Review 25, no. 2 (May 2021): 173–91. http://dx.doi.org/10.3366/elr.2021.0693.

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Following from the Scottish Law Commission's Report on Insanity and Diminished Responsibility, the Criminal Justice and Licensing (Scotland) Act 2010 codified the plea of diminished responsibility. Part of the justification for this codification arose from the need to clarify the rule in relation to drugs and alcohol. With this change there existed scope to develop the plea in a way which appreciated the complex interplay between mental conditions and intoxication- something which was absent under common law. At a time when mental health law is under review in Scotland, this paper seeks to examine the landscape of diminished responsibility, asking whether s51B is able to properly appreciate the realities of offending and whether it is applied to all accused fairly and consistently.
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Barrie, David G. "Anglicization and Autonomy: Scottish Policing, Governance and the State, 1833 to 1885." Law and History Review 30, no. 2 (April 26, 2012): 449–94. http://dx.doi.org/10.1017/s0738248011000939.

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As with other pillars of the Scottish criminal justice system, the distinctiveness of the Scottish police model from its English counterpart has been widely acknowledged. Its historical development, institutional structure, and level of community support have been portrayed as unique in the United Kingdom. Although rarely heralded as a symbol of national identity in the same way as the Church of Scotland or the legal system, the Scottish police's distinctive customs, traits, and practices have been held up in some studies as a badge of national pride. Often this is for no significant reason other than the fact that police reform in Scotland predated similar developments in England. Municipal police administration has also been depicted as an important symbol of the self-governing nature of Scottish civil society, conferring upon local authorities a wide range of autonomous powers and strengthening their bargaining position with central government in Westminster in London.
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Jaffe, James. "The Indian Panchayat, Access to Knowledge and Criminal Prosecutions in Colonial Bombay, 1827–61." Law and History Review 38, no. 1 (February 2020): 47–74. http://dx.doi.org/10.1017/s0738248019000567.

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Throughout the mofussil of the Bombay Presidency British judges and magistrates called upon panchayats, that is, caste or village councils, to help them administer justice. By the mid-nineteenth century, panchayats were being deployed by British justices not only to offer their advice to judges attempting to decide a case, but much more frequently to investigate crimes, including murder, assault, robbery, arson, forgery, rape, and property disputes. Moreover, the active participation of the panchayat in the administration of criminal law varied as much in form as in function. In different scenarios, the panchayat functioned as a coroner's court, a criminal investigation team, and a general witnessing agent for the courts. With very few exceptions, they almost always appear in a supporting role on the prosecution side of any case offering their opinions on the crime in question in written form. Judges, for their part, appear to have relied quite heavily upon these recommendations and there are very few instances in which the panchayat's opinions were either ignored or rejected. There thus developed a hybrid system of justice whereby judges and magistrates adapted, transformed, and incorporated the expertise and knowledge of the ‘customary’ panchayat to suit the needs of British governance and legal administration.
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Dissertations / Theses on the topic "Criminal justice, Administration of – Scotland – History"

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Gallagher, Geraldine. "Gender, social enquiry reports, and social work disposals." Thesis, University of Stirling, 2005. http://hdl.handle.net/1893/3247.

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Throughout the nineties a range of factors, not least the series of suicides at Cornton Vale women's prison, highlighted concerns about how the criminal justice system deals with female offenders in Scotland. There has been a review of community-based disposals and the use of custody for women (Scottish Office, 1998a), an Inspection of Cornton Vale was conducted (HMI, 2001), and a Ministerial Group on Women's Offending was set up (Scottish Executive, 2002a). Despite this concern the numbers of female offenders being sentenced to custody has continued to rise. This study sought to examine the nature of criminal justice social work services delivered to female offenders and the way in which ideological and policy shifts have impacted on it. Differences relating to gender, with regard to both practitioners and clients, within the context of criminal justice social work in Scotland,w ere considered.T his included a consideration of the impact of the policy shift from the "welfare" to the "justice" model. Thirty-five interviews were conducted with criminal justice social work staff and material was drawn from 420 Social Enquiry Reports. The study examined practices and policies which relate to how women are supervised, how these relate to the presentation of information in social enquiry reports, and in turn how this may relate to the final court disposal imposed. A discrepancy between policy and practice was identified in that the latter draws on the "welfare" model more than is endorsed by formal policy. This greater emphasis on the "welfare" model applies to work with female offenders in particular. There were concerns amongst criminal justice social work staff that such a difference in approach might be discriminatory. A new "welfare" model of supervision appears to have been adopted in the supervision of female offenders. This model emphasised the importance of the working relationship, between supervisor and client, within which women offenders should be allowed scope for negotiation. Information on female offenders derived from both interviews with criminal justice staff and the data obtained from SERs is used to review social control theory (Hirschi, 1969), as it exists, as an explanation of female offending. Carlen's study (1988) of female offenders suggested that integral to their involvement in offending was a rejection of the controls to which they are subjected and of their gender roles. By contrast the profile of women offenders as identified in this study suggests that women are offending partly in an endeavour to conform to, or at least cope with, their gender roles. Female offenders were reported as having experienced greater adversity and this appears to havee licited a protective response from social workers. This protection began in women's childhoods and is evident in their treatment as adults. The organisation of community service is considered by female social workers to have an inherent gender bias which renders it less suitable for female offenders. These concerns appear to have foundation in terms of an apparent gender bias in the operation of community service schemes. Female offenders sentenced to community service were more likely to have had their SERs compiled by male SER writers, while female offenders sentenced to probation were more likely to have their SERs compiled by female SER writers. Female social workers specifically appear to adopt a stronger welfare orientation when compiling reports on female offenders apparently motivated by an inclination to protect. This has implications for gender specific allocation of work. The effect is not protection if reports arc undermining community service as a possible alternative to custody for women, as appears to be the case when the SER writer is female.
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Musson, Anthony Joseph. "Public order and law enforcement in England, 1294-1350 : the local administration of criminal justice." Thesis, University of Cambridge, 1993. https://www.repository.cam.ac.uk/handle/1810/272579.

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Barreneche, Osvaldo 1958. "Crime and the administration of criminal justice in Buenos Aires, Argentina, 1785-1853." Diss., The University of Arizona, 1997. http://hdl.handle.net/10150/282402.

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This dissertation analyzes the emergence of the criminal justice system in modern Argentina, focusing on the city of Buenos Aires as case study. It concentrates on what I call the formative period of the postcolonial penal system, from the installation of the second Audiencia (superior justice tribunal in the viceroyalty of Rio de la Plata) in 1785 to the promulgation of the Argentine national constitution in 1853, when a new phase of inter-regional organization and codification began. During this transitional period, basic features of the modern Argentine criminal justice system emerged which I study in detail. They are: (a) institutional subordination of the judiciary; (b) police interference and disruption in the judiciary-civil society interface; (c) manipulation of the initial stages of the judicial process (sumario) by senior police officers (comisarios); and (d) utilization of institutionally malleable penal-legal procedures as a punitive system, regardless of the outcome of criminal cases judicially evaluated.
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Dufresne, Martin. "La justice pénale et la définition du crime à Québec, 1830-1860." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq21966.pdf.

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沈啓誠 and Kai-shing Shum. "A study of harsh officials (ku li) and the legal system in Han China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1999. http://hub.hku.hk/bib/B31221609.

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Barganski, Jenna Leigh. "Giving the Noose the Slip: an Analysis of Female Murderers in Oregon, 1854-1950." PDXScholar, 2018. https://pdxscholar.library.pdx.edu/open_access_etds/4542.

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Analyzing the crimes of women murderers and how they fared in the criminal justice system demonstrates that though perceptions of gender evolved, resistance to sentencing women to death often persisted. The nature of homicides committed by women in Oregon set them apart from their male counterparts. Women were, and are, more likely to commit domestic homicides -- murders that involve a family member or partner. These crimes are typically not equated with crimes that warrant capital punishment. As a result, no woman has been subjected to the death penalty in the state. This thesis analyzes the twenty-five women who were convicted of homicide in Oregon between 1854 and 1950. During these years the majority faced all-male court and penal systems. As such, they were handled differently in accordance with various social, cultural, and legislative shifts relating to women's roles as citizens. Through an examination of contemporary newspaper articles, inmate case files, and other Oregon State Penitentiary records, this thesis studies three distinct periods relating to these shifts: 1854-1900, 1901-1935 and 1936-1950. The assumption that it was impossible for a woman to commit murder linked claims of insanity with criminality. The six women defendants between 1854 and 1900 were either deemed insane and transferred to the asylum or quickly released from prison to avoid potential controversy or additional expense. The twelve women convicted of homicide between 1901 and 1935 all received manslaughter convictions, an occurrence unique to this era. Following the Progressive Era, sentimental juries felt more comfortable convicting women of manslaughter. Many received indeterminate sentences of one to fifteen years and were released on parole. The initial first-degree murder charges between 1936 and 1950 signaled a new period in the treatment of women charged with homicide. After gaining the right to vote and serve on juries, women began to be viewed more equally in the eyes of the law. During these years there was a more even distribution of manslaughter, second-degree murder, and first-degree murder convictions for the seven women defendants. This is due in part to women's growing presence in the public sphere. In conclusion, the idea that women were submissive creatures that required the authority and protection of men in the courtroom began to fade by 1950. Each period of study demonstrates how the contemporary perception of women and their roles as citizens affected trial outcomes. However, even when women were charged with first-degree murder they were not sentenced to the death penalty -- likely due to the domestic nature of their crimes.
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Miller, Vivien Mary Louise. "Violent crime, sexual deviancy and executive clemency in Florida, 1889-1918." Thesis, n.p, 1998. http://ethos.bl.uk/.

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Buffington, Robert Marshall. "Forging the fatherland: Criminality and citizenship in modern Mexico." Diss., The University of Arizona, 1994. http://hdl.handle.net/10150/186853.

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This study examines elite discourse about crime and criminality in modern Mexico. This discourse was intimately connected to discussions of citizenship (and thus inclusion in the Mexican nation-state) which became increasingly important after Independence from Spain in 1821. Elites recognized that a broad, egalitarian definition of citizenship was a potent source of legitimation for a nation in the throes of self-definition. To these discussions of citizenship, discourse about crime and criminality added an effective counterpoint, identifying individuals and groups within the new nation that merited exclusion. Specifically, this study examines the emerging discourses of criminology and penology which attempted to bring a rational, even scientific approach to the long-standing problem of crime. These "liberal" discourses (and the criminal justice system they inspired) eschewed the overtly racist and classist legal legacy of Mexico's colonial past. However, despite their egalitarian pretensions, criminology and penology often rearticulated colonial social distinctions, first by covertly embedding traditional biases in a contradictory liberal rhetoric and later by legitimizing these prejudices with evolutionary science. Ultimately, little changed in post-Independence Mexican social relations: the poor, the indio, the mestizo continued to be excluded from participation in mainstream society, not because they were legally segregated as in the colonial period but because of their supposed criminality. Even Mexico's great social revolution generated few effective changes. Like their predecessors, revolutionary elites attempted to exploit the legitimizing potential of the criminal justice system but again without significantly redefining its basic clientele. The socially-marginal continued to pose a threat to public order and economic progress; thus they continued to be excluded from public life. Within this larger context, specific chapters also function as independent essays: chapter one examines the racist and classist subtexts embedded in post-Enlightenment, "classic" criminology; chapter two, the role of evolutionary science in legitimizing these subtexts; chapter three, the use of popular literary techniques in the construction of "scientific" criminology; chapter four, the place of prison reform in Mexican political discourse; and chapter five, the role of penal code reform in political legitimation.
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Munro, William George. "The actuarial subject : legitimacy and social control in late modernity." Thesis, University of Stirling, 2009. http://hdl.handle.net/1893/2244.

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The following thesis can be read as a socio-historical case study of the emergence of risk discourses within the Scottish Criminal Justice System, particularly in relation to offenders who are defined by their dangerousness. It focuses on the emergence of the Risk Management Authority (RMA) which was set up under recommendation of the MacLean Committee in 2000. The thesis examines the broader social and cultural forces from which the Risk Management Authority emerged by drawing on Hegel’s notion of ‘Ethical Life’ (Sittlichkeit) as a means of framing institutional change. By way of a re-interpretation of Hegel, through the lens of critical theory, it seeks to historicise and make problematic the concepts and assumptions surrounding our understanding of modernity. Through the concepts of reflexivity, legitimacy and indeterminacy it offers a critique of the existing sociology of risk, which places risk at the centre of debates on modernity, contingency and the self-understanding of society. This critique offers a conceptualisation of penal institutions as not just administering punishment, but as instrumental in the constitution of human subjectivity.
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Boston, Clarinèr Freeman. "An Historical Perspective of Oregon's and Portland's Political and Social Atmosphere in Relation to the Legal Justice System as it Pertained to Minorities: With Specific Reference to State Laws, City Ordinances, and Arrest and Court Records During the Period -- 1840-1895." PDXScholar, 1997. https://pdxscholar.library.pdx.edu/open_access_etds/4992.

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Racial and ethnic minorities are disproportionately represented in Portland, Oregon's criminal justice system. Laws, legal procedures and practices that excessively target minorities are not new phenomena. This study focused on a history of political and social conditions in Oregon, and subsequently, Portland, from the 1840' s to 1895, that created unjust state laws and city ordinances that adversely impacted Native Americans, African Americans, and Chinese Immigrants. Attention was also given to the Jewish population. The approach was to examine available arrest and court records from Oregon's and Portland's early beginnings to ascertain what qualitative information records could provide regarding the treatment of minorities by the justice system. As an outgrowth of this observation, it was necessary to obtain an understanding of the legal environment related to arrests and dispositions of adjudications. Finally, a review of the political and social atmosphere during the time period provided a look at the framework that shaped public attitudes and civic actions. Examination of available arrest records and court records recorded during the period were conducted at the City of Portland's Stanley Paar Archives. Observations were limited to the availability of archive records. Oregon's history, relative legislation, Portland's history and applicable ordinances were studied and extrapolated from valid secondary resources. Political and social conditions were reviewed through newspaper accounts during recorded history from that time period. Research indicated that Native Americans, African Americans and Chinese Immigrants were: not legally afforded equal access to Oregon land provisions; denied equitable treatment under the law in comparison to their white counterparts; were unjustly targeted for criminal activities by the enactment and enforcement of laws based on racist views; and, negatively used as political ploys to the advantage of candidates seeking public office. Much of this research is akin to actions in many political, legal and justice arenas of the 1990' s, that continue to adversely impact racial/ethnic minorities unfairly. Although members of the Jewish community were not negatively affected by law, they suffered social injustices. However, they were members of the legal and political fiber that shaped civic sentiments and legislative action in both positive and negative ways.
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Books on the topic "Criminal justice, Administration of – Scotland – History"

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Auld Stirling punishments. Stroud: History Press, 2011.

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Farmer, Lindsay. Criminal law, tradition, and legal order: Crime and the genius of Scots law : 1747 to the present. Cambridge: Cambridge University Press, 1997.

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1954-, Duff Peter, and Hutton Neil 1953-, eds. Criminal justice in Scotland. Aldershot, Hants, England: Ashgate, 1999.

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Criminal justice in Scotland. Abingdon, Oxon: Willan, 2010.

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Great Britain. Scottish Office. Central Research Unit., ed. Crime and criminal justice in Scotland. Edinburgh: Stationery Office, 1997.

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Beattie, J. Criminal justice history. [Toronto: Faculty of Law, University of Toronto, 2006.

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Britain, Great. Criminal Justice (Scotland) Act 1987: Chapter 41. London: H.M.S.O., 1987.

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D, Johnstone Peter Ph, ed. History of criminal justice. 5th ed. Amsterdam: Elsevier, 2012.

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Executive, Scotland Scottish, ed. Making Scotland safer: Improving the criminal justice system. Edinburgh: Scottish Executive, 2001.

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Phillips, Jim. Criminal justice history. [Toronto: Faculty of Law, University of Toronto, 2005.

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Book chapters on the topic "Criminal justice, Administration of – Scotland – History"

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"3. Courts and Administration of Criminal Justice." In Canadian Criminal Justice History, 141–227. Toronto: University of Toronto Press, 1987. http://dx.doi.org/10.3138/9781487584672-006.

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Sims, Barbara. "A History of Criminological Thought: Explanations for Crime and Delinquency." In Handbook of Criminal Justice Administration, 31–50. CRC Press, 2000. http://dx.doi.org/10.4324/9781482270495-3.

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Roberts, David Andrew. "Criminal Law and the Administration of Justice in Early New South Wales and Van Diemen’s Land." In The Cambridge Legal History of Australia, 581–604. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781108633949.025.

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