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Corroboration In Scots Law
The importance of corroboration is unique to Scots criminal law. A long-standing feature of Scots law, the requirement for corroborating evidence means at least two independent sources of evidence are required in support of each crucial fact before an accused can be convicted of a crime. This means, for example, that an admission of guilt by the accused is insufficient evidence to convict in Scotland, because that evidence needs to be corroborated by another source. History Corroboration had, in some way, already been established by the time the earliest Institutional Writers had begun to illustrate Scots criminal law. MacKenzie described the ‘singularity’ of witnesses, and their ‘contrariety’, as insufficient proof – subsequently repeated by Hume, ‘...no one shall in any case be convicted on the testimony of a single witness’. A similar statement appears in Alison. Corroboration also has origins in Roman law. The Code of Justinian read, ‘We plainly order tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Criminal Law
Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace. Scottish criminal law can also be found in the statutes of the UK Parliament with some areas of criminal law, such as misuse of drugs and traffic offences appearing identical on both sides of the Border. Scottish criminal law can also be found in the statute books of the Scottish Parliament such as the Sexual Offences (Scotland) Act 2009 (2009 asp 9) and Prostitution (Public Places) (Scotland) Act 2007 (2007 asp 11) which only apply to Scotland. In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. Corroboration is not required in England or in civil cases in Scotland. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corroborating Evidence
Corroborating evidence, also referred to as corroboration, is a type of evidence in law. Types and uses Corroborating evidence tends to support a proposition that is already supported by some initial evidence, therefore confirming the proposition. For example, W, a witness, testifies that she saw X drive his automobile into a green car. Meanwhile, Y, another witness, testifies that when he examined X's car, later that day, he noticed green paint on its fender. There can also be corroborating evidence related to a certain source, such as what makes an author think a certain way due to the evidence that was supplied by witnesses or objects.For more information on this type of reasoning, see: Casuistry. Another type of corroborating evidence comes from using the Baconian method, i.e., the method of agreement, method of difference, and method of concomitant variations. These methods are followed in experimental design. They were codified by Francis Bacon, and developed further ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admission (law)
An admission in the law of evidence is a prior statement by an adverse party which can be admitted into evidence over a hearsay objection. In general, admissions are admissible in criminal and civil cases. At common law, admissions were admissible. A statement could only be excluded by a showing of involuntariness, unfairness, or that the circumstances under which the statement was obtained was improper or illegal. Form of admission An admission may be made orally or contained within a writing. In some situations, an admission that is made by an authorized agent of a party to litigation will be admissible as evidence and attributable to that party. Oral admission Where the admission is oral, the person who heard the admission may testify to what the party who made the admission said. Documental admission Where the admission is in the form of a written record or document, and evidence is offered to prove the contents of the written record, the best evidence rule applies to requ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cadder V HM Advocate
''Cadder v HM Advocate'' 010UKSC 43 (26 October 2010) is a decision in which the Supreme Court of the United Kingdom held that the way in which police in Scotland detained suspects was not compatible with the European Convention on Human Rights and was therefore unlawful in terms of the Scotland Act 1998. Background Peter Cadder was convicted at Glasgow Sheriff Court of assault and breach of the peace on 29 May 2009, following an incident in May 2007, at which time he was a minor. Cadder had been detained under section 14(1) of the Criminal Procedure (Scotland) Act 1995 and interviewed by two officers from Strathclyde Police at London Road Police Office in Glasgow. In August 2008 an identity parade was held at which the complainer, John Tacey, was unable to identify anyone. In the subsequent court case the Crown relied upon evidence obtained within Cadder's police interview to help to prove their case. Judgment Court of Appeal Cadder attempted to lodge an appeal in the Cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colin Sutherland, Lord Carloway
Colin John MacLean Sutherland, Lord Carloway (born 20 May 1954), is a Scottish advocate and judge who has served as the Lord President of the Court of Session and Lord Justice General since 2015. He was previously Lord Justice Clerk from 2012 to 2015 and has been a Senator of the College of Justice since 2000. Born in Falkirk, Carloway studied at the University of Edinburgh's Law School, where he earned a Bachelor of Laws. In 1977, he was admitted to the Faculty of Advocates and served as an Advocate Depute in the late 1980s. Before being nominated as a Judge in 2000, he served as the Treasurer of the Faculty of Advocates. As a Senator of the College of Justice he presided over the 2004 prosecution of gas transporter Transco and published the ''Carloway Review.'' In 2012, Lord Gill, who had served as the Lord Justice Clerk, was appointed the Lord President and Carloway succeeded him. Following the retirement of Gill, Carloway was nominated by First Minister Nicola Sturgeon to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corpus Delicti
(Latin for "body of the crime"; plural: ), in Western law, is the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime. For example, a person cannot be tried for larceny unless it can be proven that property has been stolen. Likewise, in order for a person to be tried for arson it must be proven that a criminal act resulted in the burning of a property. ''Black's Law Dictionary'' (6th ed.) defines "''corpus delicti'' as: "the fact of a crime having been actually committed". In common law systems, the concept has its outgrowth in several principles. Many jurisdictions hold as a legal rule that a defendant's out-of-court confession, alone, is insufficient evidence to prove the defendant's guilt beyond reasonable doubt. A corollary to this rule is that an accused cannot be convicted solely upon the testimony of an accomplice. Some jurisdictions also hold that without first showing independent corroboration that a crime ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Office And Procurator Fiscal Service
The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the area procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare. The Service's responsibilities extend to the whole of Scotland, and include: * Investigation and prosecution of criminal offences * Investigation of sudden or suspicious deaths * The investigation and prosecution of criminal conduct by the police * Assessment and possession of bona vacantia * Assessment and possession of treasure trove The Lord Advocate is assisted by the Solicitor General for Scotland, both Law Officers. The day-to-day running of the Service is done by the Crown Agent & Chief Executive and an executi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Similar Fact Evidence
In the law of evidence, similar fact evidence (or the similar fact principle) establishes the conditions under which factual evidence of past misconduct of the accused can be admitted at trial for the purpose of inferring that the accused committed the misconduct at issue. By jurisdiction Canada In Canada, the rule is established in '' R. v. Handy'', 164 CCC (3d) 481, 2 SCR 908 (2002): Evidence of prior bad acts by the accused will be admissible if the prosecution satisfies the judge on a balance of probabilities that, in the context of the particular case, the probative value of the evidence in relation to a specific issue outweighs its potential prejudice and thereby justifies its reception. Questions arise as to how the Court will measure the elements of this rule: i) What constitutes a prior act of misconduct? * Any past misdeed, does not have to proven as a conviction. ii) Why does the Court speak of evidence in relation to a 'specific issue'? * Good measure of probity ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pre-trial Rights Of The Accused In Scots Law
The legal system in Scotland grants certain rights to persons accused in criminal proceedings. Right to retain a personal copy of the complaint document At all times the accused has the right to retain a copy of the complaint document. The complaint document is marked CITATION and is sent out by the procurator fiscal, the Scottish body responsible for prosecutions. Right to request precognition interviews of prosecution witnesses The purpose of a precognition interview is to establish what a witness will say in response to prosecution and defence questions at trial. The accused may request for Police Scotland officers to be precognised.Police Scotland:Police Officer Precognitions at official website. Accessed 16 August 2015 Right to request precognit ...
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Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Technicality
The term legal technicality is a casual or colloquial phrase referring to a technical aspect of law. The phrase is not a term of art in the law; it has no exact meaning, nor does it have a legal definition. It implies that strict adherence to the letter of the law has prevented the spirit of the law from being enforced. However, as a vague term, the definition of a technicality varies from person to person, and it is often simply used to denote any portion of the law that interferes with the outcome desired by the user of the term. Some legal technicalities govern legal procedure, enable or restrict access to courts, and/or enable or limit the discretion of a court in handing down judgment. These are aspects of procedural law. Other legal technicalities deal with aspects of substantive law, that is, aspects of the law that articulate specific criteria that a court uses to assess a party's compliance with or violation of, for example, one or more criminal laws or civil laws.In th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
