Relevant bibliographies by topics / Criminal law – Scotland – History

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Criminal law – Scotland – History'

Author: Grafiati
Published: 10 March 2023

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Journal articles on the topic "Criminal law – Scotland – History"

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Kozhevnikov, Vladimir V. "About the legal system of Scotland." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 44 (2022): 127–41. http://dx.doi.org/10.17223/22253513/44/11.

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This research paper analyses the Scottish legal system, which both legal theory and comparative jurisprudence often treat very superficially. It is usually just an observation that the Scottish legal system is not subordinate to English law. The paper describes the history of formation and development of the Scottish legal system, drawing attention to the French legal orientation on the one hand and to the strengthening of the common law tradition on the other. The paper also highlights the Scottish legal system, the criminal court system, the criminal procedure, the civil court system and the lower courts as being significantly different from English law for historical reasons. The paper describes the legal sources of law - case law and legislation, as well as certain branches of law. Emphasising that the Scottish legal system is part of a mixed (hybrid) legal family as a result of state-legal integration and convergence of legal systems, the latter must be distinguished from a mixed (pluralistic) legal family which combines elements of the common law legal family with elements of the Romano-Germanic legal family as well as with institutions of traditional and religious legal systems. In conclusion, it is emphasised that, firstly, the actualisation of mixed legal systems is largely linked to globalisation; secondly, it is argued that mixed legal families should be taken into account in their classifications. The author declares no conflicts of interests.
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Dropuljic, Stephanie. "The Role of Women in Pursuing Scottish Criminal Actions, 1580–1650." Edinburgh Law Review 24, no. 2 (May 2020): 232–50. http://dx.doi.org/10.3366/elr.2020.0628.

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This article examines the role of women in raising criminal actions of homicide before the central criminal court, in early modern Scotland. In doing so, it highlights the two main forms of standing women held; pursing an action for homicide alone and as part of a wider group of kin and family. The evidence presented therein challenges our current understanding of the role of women in the pursuit of crime and contributes to an under-researched area of Scots criminal legal history, gender and the law.
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Kennedy, Allan. "State Formation, Criminal Prosecution and the Privy Council in Restoration Scotland*." English Historical Review 135, no. 572 (February 2020): 29–62. http://dx.doi.org/10.1093/ehr/ceaa004.

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Abstract Historians have begun to think about the emergence of the early modern ‘state’ in complex and creative ways, far from the conventional focus on overweening central bureaucracies. One component of this discourse is the role of criminal law and criminal prosecution, which, it has been argued (particularly by English scholars), assisted state-forming processes by providing a universal interface between ruler and ruled, and by demarcating common patterns of behaviour. This paper attempts to apply these ideas to the case of early modern Scotland—whose decentralised legal system and reputation for judicial barbarity has tended to discourage research—through detailed analysis of the judicial activities of the Privy Council. Focusing on the reigns of Charles II and James VII & II, the paper assesses the Council’s theoretical competence as a criminal court, and also reconstructs its day-to-day activities in terms of the kinds of cases tried, the varieties of punishment imposed, and the use of alternative mechanisms such as judicial commissions. The paper argues that the Restoration Privy Council was clearly able to utilise its judicial powers as a state-building tool, despite the general diffuseness of judicial authority in Scotland. It is suggested, therefore, that the Scottish data confirms the utility of criminal prosecution in early modern projects of state formation, underlining historians’ need to conceptualise the process in broad, multi-faceted terms.
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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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Wilton, Carol. "“Lawless Law”: Conservative Political Violence in Upper Canada, 1818–41." Law and History Review 13, no. 1 (1995): 111–36. http://dx.doi.org/10.2307/743957.

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The Types Riot of June 8, 1826, is the most celebrated episode of conservative political violence in Upper Canada. It was directed against William Lyon Mackenzie, an immigrant from Scotland and a newspaper editor in York (Toronto) who had perfected a style of journalism characterized by scathing personal abuse of the colony's leaders. About a dozen well-connected individuals, most of them lawyers or law students, broke into the offices of Mackenzie'sColonial Advocatenewspaper in its owner's absence. Terrorizing Mackenzie's mother, son, and assistants, the rioters wrecked the press and scattered the types, throwing some of them into the bay nearby. In a harbinger of what was to come, more than one magistrate looked on without interfering. The attorney general, John Beverley Robinson, neither disciplined the lawyers and law students among the rioters nor prosecuted them in the criminal courts.
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Ekirch, A. Roger. "The Transportation of Scottish Criminals to America during the Eighteenth Century." Journal of British Studies 24, no. 3 (July 1985): 366–74. http://dx.doi.org/10.1086/385840.

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In the last few years there has been a growth of interest in the history of crime and law enforcement in early modern Scotland. Recent studies by Stephen Davies, Bruce Lenman, and Geoffrey Parker have described the intricate operation of the country's criminal justice system. Relatively little attention, however, has been paid to the role played by transportation. During the eighteenth century, banishing criminals to the American colonies became the most common punishment employed by higher courts. By providing a merciful alternative to the death penalty without putting the public at serious risk, transportation carried enormous appeal. An attorney in Edinburgh commented, “In many cases it is absolutely necessary for the safety of the state, and the good order of society, that the country should be rid of certain criminals.” This article seeks to explore the nature of Scottish transportation, from its growing popularity in the early 1700s to its demise in 1775, a result of the American Revolution. Questions basic to an understanding of this punishment and its operation remain unanswered. How often was it utilized by courts? How many offenders were exiled during the century? What sorts of crimes had they committed? By what means were they transported to America? How did Scottish procedure differ from the system employed in England? Answers to these questions, besides shedding new light on the internal mechanics of transportation, should open a valuable window onto the Scottish criminal justice system.
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Kirchengast, Tyrone. "Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence." International Journal of Evidence & Proof 25, no. 1 (January 2021): 53–72. http://dx.doi.org/10.1177/1365712720983931.

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The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family Violence (2016) and the Victorian Law Reform Commission (2016) considered the potential role of legal counsel for complainants in the criminal trial process. While contrasting quite significantly with the traditional adversarial framework—which sees crime as contested between state and accused—legal representation for complainants is not unprecedented, and victims may already retain counsel for limited matters. Despite broader use of victim legal representation in the United States, Ireland and Scotland, and as recently considered by the Sir John Gillen Review in Northern Ireland, legal representation for sex offences complainants is only just developing in Australia. Notwithstanding recent reference to legal representation for complainants where sexual history or reputational evidence may be adduced, there exists no sufficient guidance as to how such representation may be integrated in the Australian criminal trial context. This article explores the implications of introducing such counsel in Australia, including the possible role of non-legal victim advocates.
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White, T. "Patients with Affective Disorders Admitted to Maximum Secure Care (1999-2003)." Medicine, Science and the Law 45, no. 2 (April 2005): 142–46. http://dx.doi.org/10.1258/rsmmsl.45.2.142.

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The State Hospital, Carstairs, is a special secure psychiatric facility for Scotland and Northern Ireland. This study describes the background, illness and offence (where appropriate) characteristics of 25 patients admitted between 1999 and 2003 with a diagnosis of any affective disorder. Patients were, on average, 37 years old and had a lengthy history of psychiatric contact. Patients with an affective disorder were more likely to be admitted under civil proceedings, following a transfer from hospital, as opposed to being admitted under criminal procedure. Sixty per cent were discharged to prison, court or local hospitals within one year of their admission to special secure care. Significant violence during an episode of mania or hypomania (even in the presence of psychotic symptoms) appears rare. Recurrent unipolar depression resistant to first and second line treatments in women, and lithium withdrawal mania in male bipolar patients were the most common clinical problems. Treatments aimed at reducing co-morbid substance misuse, and improving compliance with mood stabilisers, appear important in managing this patient group.
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Fincham, Derek. "A Coordinated Legal and Policy Approach to Undiscovered Antiquities: Adapting the Cultural Heritage Policy of England and Wales to Other Nations of Origin." International Journal of Cultural Property 15, no. 3 (August 2008): 347–70. http://dx.doi.org/10.1017/s094073910808020x.

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AbstractBlanket ownership laws, export restrictions, and the criminal law of market nations are the default legal strategies currently used by nations of origin to prevent the looting of archaeological sites. Although they have been remarkably successful at achieving the return of looted objects, they may not be the best strategies to maximize the recording and preservation of archaeological context. In England and Wales a more permissive legal regime broadly applied and adopted by the public at large has produced dramatically better results than the strong prescriptive regime of Scotland, which can be easily ignored.This article attempts to clear up any misconceptions of the cultural policy framework in England and Wales. It accounts for the legal position accorded undiscovered portable antiquities, and describes how this legal framework is perfected by a voluntary program called the Portable Antiquities Scheme (PAS). This approach stands in stark contrast to Scotland, which has used a legal strategy adopted by most other nations of origin.The domestic legal framework for portable antiquities in England and Wales is unique and differs from the typical approach. Coupled with the PAS, this legal structure has resulted in a better cultural policy, which leads to less looting of important archaeological sites, allows for a tailored cultural policy, and has produced more data and contextual information with which to conduct historical and archaeological research on an unprecedented scale. Compensating finders of antiquities may even preclude an illicit market in antiquities so long as this compensation is substantially similar to the market price of the object and effectively excludes looters from this reward system. Although the precise number of found versus looted objects that appear on the market is open to much speculation, an effective recording system is essential to ensure that individuals who find objects are encouraged to report them.
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Abeyratne, Ruwantissa. "Negligent Entrustment of Leased Aircraft and Crew: Some Legal Issues." Air and Space Law 35, Issue 1 (February 1, 2010): 33–44. http://dx.doi.org/10.54648/aila2010003.

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Negligent entrustment is a civil wrong grounding an action in tort law which arises when one party is held liable for negligence because he negligently provided another party with a an object that could cause harm to another and the latter caused injury to a third party with that object. The cause of action most frequently arises where one person allows another to drive his vehicle. Common law countries apply the The Corporate Manslaughter and Corporate Homicide Act of 2007, which provides that an organization is guilty of an offence if the way in which its activities are managed or organized causes a person’s death, and amounts to a gross breach of a relevant duty of care owed by the organization to the deceased. The Act applies inter alia to a corporation. The offence is termed ‘corporate manslaughter’, insofar as it is an offence under the law of England and Wales or Northern Ireland; and ‘corporate homicide’, insofar as it is an offence under the law of Scotland. An organization that is guilty of corporate manslaughter or corporate homicide is liable on conviction to a fine and the offence of corporate homicide is indictable only in the High Court of Justiciary. The Act provides, inter alia, that the extent to which the evidence shows that there were attitudes, policies, systems or accepted practices within the Organization that were likely to have caused failures in the provision of services by the corporation could be taken into account in determining the culpability of that entity. The possible application of this legislation to air transport is a reality, as exemplified in the Helios trial which opened on 26 February 2009 in Cyprus. The trial pertains to the island’s worst air tragedy, when 121 people perished on a charter plane that slammed into a Greek hillside nearly four years ago. According to reports, at the time of writing, Helios Airways and four airline officials faced charges of manslaughter and reckless endangerment in one of the most complex and high-profile cases in the eastern Mediterranean island’s legal history. Plaintiffs, who are relatives of the dead, have called for criminal action against those deemed responsible when the Helios Airways Boeing 737–300 ran out of oxygen and crashed outside Athens in August 2005. It has also been reported that, although the authorities have not named those to be charged, the accused are known to be officials who held top management positions in the airline at the time of the crash. Against this backdrop, this article analyses the offence of negligent entrustment and draws a link between the offence and the leasing of aircraft and crew.
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Dissertations / Theses on the topic "Criminal law – Scotland – History"

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McLaughlin, Patrick M. "Responding to drunkenness in Scottish Society : a socio-historical study of responses to alcohol problems." Thesis, University of Stirling, 1989. http://hdl.handle.net/1893/1912.

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This thesis explores the nature of responses to problems associated with drinking and drunkenness. The aim is to consider how perceptions and responses to the issue have changed over time, and, crucially, to analyze the implications of the resulting evidence for policy and practice. There are two interdependent issues which the thesis seeks to expose and debate. First there is the process of emergence, the historical development of alcohol abuse as a social problem. It is possible to see in the historical record the continuities and (just as importantly) the discontinuities of responses to drinking behaviour from the Industrial Revolution to the present day. it is important to realise that some important aspects of contemporary explanations of problem drinking are in fact 'hangovers' from an earlier tradition and, in particular, from the Temperance response to alcohol problems. Ultimately, however, this is a thesis about the practice of managing contemporary alcohol related problems. It is about how the modern institutional network of criminal justice, medical, and social welfare agencies perceive and respond to problem drinking in Scotland. How do police officers, procurators fiscal, magistrates, doctors, and social workers view problem drinking? How do they respond to the problem drinker? The thesis then is about attempts to control, treat, and/or rehabilitate deviant drinkers, but it is also about the attitudes, perceptions, and experiences of the individuals whose job it is to realise policy as practice. In as much as it is based on the belief that in order to understand the modern system of management of the problem, it is necessary to understand how 'alcoholism' came to be defined as a social problem in the first place, the analysis is informed by perspectives and concepts that have been developed in the sociology of social problems. Chapter I considers the main features of this analytical framework and outlines the structure of the thesis.
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Hay, M. A. "The criminal law of private defence in England, Scotland and France." Thesis, University of Edinburgh, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.234104.

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Adamson, David J. "Insanity, idiocy and responsibility : criminal defences in northern England and southern Scotland, 1660-1830." Thesis, University of St Andrews, 2005. http://hdl.handle.net/10023/14462.

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This thesis compares criminal defences of insanity and idiocy between 1660 and 1830 in northern England and southern Scotland, regions which have been neglected by the historiographies of British crime and "insanity defences". It is explained how and why English and Scottish theoretical principles differed or converged. In practice, however, courtroom participants could obtain to alternative conceptions of accountability and mental distraction. Quantitative and qualitative analyses are employed to reveal contemporary conceptions of mental afflictions and criminal responsibility, which provide inverse reflections of "normal" behaviour, speech and appearance. It is argued that the judiciary did not dictate the evaluation of prisoners' mental capacities at the circuit courts, as some historians have contended. Legal processes were determined by subtle, yet complex, interactions between "decision-makers". Jurors could reach conclusions independent from judicial coercion. Before 1830, verdicts of insanity could represent discord between bench and jury, rather than the concord emphasised by some scholars. The activities of counsel, testifiers and prisoners also impinged upon the assessment of a prisoner's mental condition and restricted the bench's dominance. Despite important evidentiary evolutions, the courtroom authentication of insanity and idiocy was not dominated by Britain's evolving medical professions (including "psychiatrists") before 1830. Lay, communal understandings of mental afflictions and criminal responsibility continued to inform and underpin the assessment of a prisoner's mental condition. Such decisions were affected by social dynamics, such as the social and economic status, gender, age and legal experience of key courtroom participants. Verdicts of insanity and the development of Britain's legal practices could both be shaped by micro- and macro-political considerations. This thesis opens new avenues of research for British "insanity defences", whilst offering comparisons to contemporary Continental legal procedures.
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Pollard, Dorette. "Fresh evidence in Canadian criminal law: 1910--2010." Thesis, University of Ottawa (Canada), 2010. http://hdl.handle.net/10393/28814.

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In the last four decades, there has been a dramatic increase in the number of fresh evidence cases before Canadian criminal law appellate courts. Yet when it was first introduced at the turn of the last century, this rule of evidence was meant to be an exception to the principle of the finality of judgments, to be used only on those rare occasions when a miscarriage of justice had occurred. It was intended to prevent the innocent from going to jailor worse, from perishing on the gallows. Historically, fresh evidence was used but rarely prior to 1970. However, starting in the mid 1970s these applications have grown significantly, exploding after the early 1980s. Based on an analysis of an initial database of 2116 fresh evidence matters, the thesis examines the possible reasons for this phenomenon and concludes that there is a direct correlation between the rise in the number of fresh evidence cases after 1970 and the advances in science, including the use of new evidence, such as DNA and expert forensic evidence in criminal law cases. But if the advances in science have made a significant contribution to the growth of fresh evidence applications, it was the advent of the Canadian Charter of Rights and Freedoms that brought a sea change to Canadian criminal law fresh evidence jurisprudence. Through a theoretical framework constructed around the search for truth, rights and theories of fairness, the thesis traces the evolution of appellate adjudication in this area of law that from its origins was meant to be used but rarely in the interests of the administration of justice to prevent miscarriages of justice.
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Handler, Philip. "Forgery and criminal law reform in England, 1818-1830." Thesis, University of Cambridge, 2001. https://www.repository.cam.ac.uk/handle/1810/272333.

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Ford, John Davidson. "The rational discipline of law : a historical study of Stair's 'Institutions of the Law of Scotland'." Thesis, University of Cambridge, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.302941.

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Kennedy, Chloe Jane Sophia. "Criminal law and the Scottish moral tradition." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/17935.

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This thesis presents an account of the development of Scots criminal law which concentrates on the influence of the Scottish moral tradition, as epitomised by Calvinist theological doctrine and Scottish Enlightenment moral philosophy. It argues that there are several crucial but seldom-acknowledged points of similarity between the Calvinist aim of creating a holy community and key tenets of eighteenth century Scottish moral thought, which rest upon community-oriented conceptions of the nature of morality and society. Both these shared conceptions and the particular ways they are expressed in Calvinist creed and Enlightenment philosophy are shown to have had a bearing on the way that Scots criminal law changed over time. The areas in which this influence is demonstrated are: the scope and principles of the law, i.e. the type of conduct that was punishable and the arguments that were put forward to justify its prohibition; the attribution of criminal responsibility (and non-responsibility); and the importance of mental state. It is argued that in each of these discrete areas changing perspectives on the nature of morality and human agency had a palpable impact on both legal doctrine and practice. When these different areas of the law are viewed as a whole and in historical perspective, the formative force of the Scottish moral tradition becomes clear and its influence can be seen to have extended into the contemporary law. The thesis therefore provides an original interpretation of the history of Scots criminal law by considering its sources and institutions from hitherto unexplored theological and moral perspectives, whilst simultaneously enhancing scholarly appreciation of certain aspects of the contemporary law that appear unusually moralistic. It also makes a broader contribution to socio-historic scholarship and strengthens its position as a recognised and worthwhile discipline by illustrating, using a concrete legal system, how legal history can enhance debates within criminal law theory and vice versa.
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Garnham, Neal. "The courts, crime and the criminal law in Ireland, 1692 - 1760." Thesis, University of Ulster, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.390059.

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Dickson, Tiphaine. "On the Poverty, Rise, and Demise of International Criminal Law." PDXScholar, 2016. http://pdxscholar.library.pdx.edu/open_access_etds/2707.

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This dissertation in four essays critically examines the emergence of international criminal courts: their international political underpinnings, context, and the impact of their political production in relation to liberal legalism, liberal political theory, and history. The essays conceive of international criminal legal bodies both as political projects at their inception and as institutions that deny their own political provenance. The work is primarily one of political theory at the intersection of history, international relations, international criminal law, and the politics of memory. The first essay questions Nuremberg's legacy on the United States' exceptionalist view of international law and its deviant practice, while the second essay explores the relationship between exploding inequality and the triumph of the human rights movement as well as the costs of international prosecutions to the detriment of transformative politics. The third essay explores the relationship between history and international criminal courts, as well as the limits of their engagement, while the fourth examines the idea of legalism - rule following as a moral ethos - in the context of real political trials.
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Douglas, Heather Anne. "Legal narratives of indigenous existence : crime, law and history /." Connect to thesis, 2005. http://eprints.unimelb.edu.au/archive/00001751.

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Books on the topic "Criminal law – Scotland – History"

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Bennett, Rachel E. Capital Punishment and the Criminal Corpse in Scotland, 1740–1834. Basingstoke: Springer Nature, 2017.

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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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Scotland. Regiam majestatem and Quoniam attachiamenta: Based on the text of Sir John Skene. Holmes Beach, Fla: Wm. W. Gaunt & Sons, 1992.

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A, Christie Michael G., ed. Criminal law. Edinburgh: Green, 1992.

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A, Christie Michael G., ed. Criminal law. 5th ed. Edinburgh: W. Green, 2012.

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Smith, Alexander McCall. Scots criminal law. 2nd ed. Edinburgh: Butterworths, 1997.

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Brown, B. Sexual history and sexual character evidence in Scottish sexual offence trials: A study of Scottish Court practice under ss. 141A/141B and 346A/346B of the Criminal Procedure (Scotland) Act 1975 as inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, s.36. (Edinburgh): Scottish Office, 1992.

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1948-, McCall Smith Alexander, ed. Scots criminal law. 3rd ed. Haywards Heath: Bloomsbury Professional, 2010.

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

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Murray, Len. The pleader: An autobiography. Edinburgh: Mainstream Pub., 2002.

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Book chapters on the topic "Criminal law – Scotland – History"

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McCulloch, Trish, and Fergus McNeill. "Adult Criminal Justice." In Social Work and the Law in Scotland, 184–200. London: Macmillan Education UK, 2011. http://dx.doi.org/10.1007/978-1-137-28538-6_13.

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Kanovitz, Jacqueline R., Jefferson L. Ingram, and Christopher J. Devine. "Constitutional History and Content." In Constitutional Law for Criminal Justice, 3–42. 15th edition. | New York, NY : Routledge, 2018. | Series: John C. Klotter justice administration legal series: Routledge, 2018. http://dx.doi.org/10.4324/9780429469886-1.

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Cross, Noel. "Perspectives on the history of criminal law and criminal justice." In Criminal Law for Criminologists, 20–36. Abingdon, Oxon ; New York, NY : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9780429467431-2.

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Campbell, James. "Slavery and the Criminal Law." In Crime and Punishment in African American History, 38–59. London: Macmillan Education UK, 2012. http://dx.doi.org/10.1057/978-1-137-29671-9_3.

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Vormbaum, Thomas, and Michael Bohlander. "§ 6 Current Events in Criminal Law." In A Modern History of German Criminal Law, 251–57. Berlin, Heidelberg: Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-37273-5_6.

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Ji, Ying. "The history of lawmaking and the multiple streams approach." In The Making of Chinese Criminal Law, 46–59. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: The rule of law in China and comparative perspectives: Routledge, 2021. http://dx.doi.org/10.4324/9781003131441-3.

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Chen, Ruihua. "How to Determine the Facts of a Criminal Case." In A Dialogue Between Law and History, 193–209. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-9685-8_11.

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Zammit Borda, Aldo. "The Distinctive Approaches of History and Law." In Histories Written by International Criminal Courts and Tribunals, 143–89. The Hague: T.M.C. Asser Press, 2020. http://dx.doi.org/10.1007/978-94-6265-427-3_6.

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Vormbaum, Thomas, and Michael Bohlander. "§ 1 Delimiting the Time Period and Methodology." In A Modern History of German Criminal Law, 1–18. Berlin, Heidelberg: Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-37273-5_1.

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Vormbaum, Thomas, and Michael Bohlander. "§ 2 Criminal Law at the Beginning of the Legal-Historical Period." In A Modern History of German Criminal Law, 19–45. Berlin, Heidelberg: Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-37273-5_2.

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Conference papers on the topic "Criminal law – Scotland – History"

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Threatte, James. "Criminal history systems: new technology and new directions." In Enabling Technologies for Law Enforcement and Security, edited by George Works. SPIE, 1997. http://dx.doi.org/10.1117/12.266286.

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Muzychuk, A. E. "INSTITUTE OF PARTICIPATION IN CRIME IN SOVIET CRIMINAL LAW." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.11.

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Milovanov, N. M. "On the history of the development of the security institute for participants in criminal legal proceedings." In Scientific Trends: Law. ЦНК МОАН, 2019. http://dx.doi.org/10.18411/spc-20-12-2019-02.

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Chuitofa, A. O. "INSTITUTE OF UNACCEPTABLE EVIDENCE IN THE CRIMINAL PROCEEDINGS OF RUSSIA: LAW ENFORCEMENT PROBLEMS." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.16.

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Kononkova, N. V., and E. A. Fefelov. "SOME FEATURES OF THE INSTITUTE CONFISCATION OF PROPERTY IN CRIMINAL LAW RUSSIAN FEDERATION." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.8.

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Copeland, Patricia L., and James Shugars. "Developing the Interstate Identification Index/Federal Bureau of Investigation (III/FBI) system for providing timely criminal and civil identification and criminal history information to the nation's law enforcement agencies." In Enabling Technologies for Law Enforcement and Security, edited by George Works. SPIE, 1997. http://dx.doi.org/10.1117/12.266292.

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Grudinin, Nikita. "The history of the formation and development of the institute of necessary defense in Russian criminal law." In Development of legal systems in Russia and foreign countries: problems of theory and practice. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-106-115.

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The article deals with the historical aspects of the formation and development of the institute of necessary defense in Russia. The author of the article mentions that the centuries-old history of the development of this institute has developed a criterion that establishes the possibility of self-defense and protection of the rights and freedoms of other people from socially dangerous encroachments, regardless of whether the defending person can resort to the help of others.
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Nakane, Ikuko. "Accusation, defence and morality in Japanese trials: A Hybrid Orientation to Criminal Justice." In GLOCAL Conference on Asian Linguistic Anthropology 2019. The GLOCAL Unit, SOAS University of London, 2019. http://dx.doi.org/10.47298/cala2019.16-5.

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The Japanese criminal justice system has gone through transformations in its modern history, adopting the models of European Continental Law systems in the 19th century as part of Japan’s modernisation process, and then the Anglo-American Common Law orientation after WWII. More recently, citizen judges have been introduced to the criminal justice process, a further move towards an adversarial orientation with increased focus on orality and courtroom discourse strategies. Yet, the actual legal process does not necessarily represent the adversarial orientation found in Common Law jurisdictions. While previous research from cultural and socio-historical perspectives has offered valuable insights into the Japanese criminal court procedures, there is hardly any research examining how adversarial (or non-adversarial) orientation is realised through language in Japanese trials. Drawing on an ethnographic study of communication in Japanese trials, this paper discusses a ‘hybrid’ orientation to the legal process realised through courtroom discourse. Based on courtroom observation notes, interaction data, lawyer interviews and other relevant materials collected in Japan, trial participants’ discourse strategies contributing to both adversarial and inquisitorial orientations are identified. In particular, the paper highlights how accusation, defence and morality are performed and interwoven in the trial as a genre. The overall genre structure scaffolds competing narratives, with prosecution and defence counsel utilising a range of discourse strategies for highlighting culpability and mitigating factors. However, the communicative practice at the micro genre level shows an orientation to finding the ‘truth,’ rehabilitation of offenders and maintaining social order. The analysis of courtroom communication, contextualised in the socio-historical development of the Japanese justice system and in the ideologies about courtroom communicative practice, suggests a gap between the practice and official/public discourses of the justice process in Japan. At the same time, the findings raise some questions regarding the powerful role that language plays in different ways in varying approaches to delivery of justice.
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Reinfelds, Vadims. "Konstitucionālo tiesību aizskārumi tiesu praksē par mantas atzīšanu par noziedzīgi iegūtu." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.41.

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Analysis of non-conviction based asset forfeiture laws, policies and court decisions leads to a conclusion that the fundamental human right to property is violated on a systemic scale – standards of proof fall below standard of preponderance of evidence established by current Criminal Law, leading to confiscation of assets without a proof of true criminal origin. Meanwhile, the proof of the criminal origin of assets in most cases is neither linked to the existence of a predicate crime, nor to the traceability of assets from such crime. De facto, in most cases the only sufficient ground for asset forfeiture is a transactional activity match to suspicious transaction methodology by FIU – the lowest possible level of standard of proof, not reaching even the standards of reasonable suspicion or probable cause. Moreover, it is made difficult to prove the legal origin of the property, restricting admission of evidence of legality, as well as presuming “that there should be no difficulty in proving legitimate origin”, regardless of the asset size, transaction history and objective capabilities of the owner.
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Škorić, Jovana, and Milena Galetin. "ULOGA FORENZIČKOG SOCIJALNOG RADA U PRIMENI RESTORATIVNE PRAVDE I ZAŠTITI LjUDSKIH PRAVA." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.671s.

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The focus on the promotion and protection of human rights in social work has enabled innovations in the field of criminal justice and opened new opportunities for the profession of social work. Accordingly, the paper seeks to consider the role of forensic social work in the application of restorative justice in the protection of human rights. In the first part of the paper a brief overview of the history of forensic social work will be presented, as well as the opportunities and challenges that accompanied it and which are current today. Bearing in mind that restorative justice is increasingly a way of thinking when it comes to sanctions and/or justice in criminal law, it will be shown how it represents the bridge between criminal justice and social work. That is, it shows how social work can potentially represent a balance between social control and social support. At the end of the paper, there is room for discussion on the challenges of forensic social work in more proactive protection of human rights, as well as in the consistent use of restorative justice in the best interests of users.
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Reports on the topic "Criminal law – Scotland – History"

1

Ovcharov, A. V. On criminal law approaches to the assessment of «friendly fire». DOI CODE, 2021. http://dx.doi.org/10.18411/2074-1944-2021-0165.

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The article is devoted to the consideration of the phenomenon of «friendly fire» in modern military conflicts and the development of general criminal-legal approaches to its assessment. The article analyzes the causes of «friendly fire», discusses its types and provides the most famous cases of «fire on their own» in military history. Еhe article contains recommendations for determining the guilt of persons who committed cases of «friendly fire» and compares the phenomenon under consideration with the criminal-legal category of extreme necessity
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