|
Moorov V HM Advocate
''Moorov (Samuel) v HM Advocate'' (1930 J.C. 68, 1930 S.L.T. 596)(additional citation 1930 J.C. 68) is a famous case in Scots criminal law based on criminal evidence and the admissibility of similar fact evidence. The case established a precedent named the Moorov doctrine.{{cite web, last=Moorov, first=Samuel, title=Moorov V HMA 1930, url=http://login.westlaw.co.uk/maf/wluk/app/document?src=doc&linktype=ref&context=29&crumb-action=replace&docguid=I050EC610E42811DA8FC2A0F0355337E9, publisher=Westlaw, accessdate=22 April 2014 The Moorov doctrine The essential facts of the case are where the accused was an employer who had allegedly committed a string of sexual offences regarding 19 of his female employees over the period of four years, with a total of 21 counts. There was corroboration of evidence available for 3 counts. This case brought light on the original course of similar fact evidence which was generally regarded as inadmissible in court. It created a "course of conduct ... [...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] |
Admissible Evidence
Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. For evidence to be admissible, it must be relevant and "not excluded by the rules of evidence", which generally means that it must not be unfairly prejudicial, and it must have some indicia of reliability. The general rule in evidence is that all relevant evidence is admissible and all irrelevant evidence is inadmissible, though some countries (such as the United States and, to an extent, Australia) proscribe the prosecution from exploiting evidence obtained in violation of constitutional law, thereby rendering relevant evidence inadmissible. This rule of evidence is called the exclusionary rule. In the United States this was effectuated federally in 1914 under the Supreme Court case '' Weeks v. United States'' and incorporated against th ... [...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] |
Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sodomy
Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodomy'', which is derived from the story of Sodom and Gomorrah in the Book of Genesis, was commonly restricted to anal sex. Sodomy laws in many countries criminalized the behavior. In the Western world, many of these laws have been overturned or are routinely not enforced. A person who practices sodomy is sometimes referred to as a sodomite. Terminology The term is derived from the Ecclesiastical Latin or "sin of Sodom", which in turn comes from the Ancient Greek word (Sódoma). Genesis (chapters 18–20) tells how God wished to destroy the "sinful" cities of Sodom and Gomorrah. Two angels are invited by Lot to take refuge with his family for the night. The men of Sodom surround Lot's house and demand that he bring the messengers o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incest
Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoption, or lineage. It is strictly forbidden and considered immoral in most societies, and can lead to an increased risk of genetic disorders in children. The incest taboo is one of the most widespread of all cultural taboos, both in present and in past societies. Most modern societies have laws regarding incest or social restrictions on closely consanguineous marriages. In societies where it is illegal, consensual adult incest is seen by some as a victimless crime. Some cultures extend the incest taboo to relatives with no consanguinity such as milk-siblings, step-siblings, and adoptive siblings, albeit sometimes with less intensity. Third-degree relatives (such as half-aunt, half-nephew, first cousin) on average have 12.5% common genetic heri ... [...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 ...
|
Scottish Criminal Case Law
Scottish usually refers to something of, from, or related to Scotland, including: *Scottish Gaelic, a Celtic Goidelic language of the Indo-European language family native to Scotland *Scottish English *Scottish national identity, the Scottish identity and common culture *Scottish people, a nation and ethnic group native to Scotland *Scots language, a West Germanic language spoken in lowland Scotland *Symphony No. 3 (Mendelssohn), a symphony by Felix Mendelssohn known as ''the Scottish'' See also *Scotch (other) *Scotland (other) *Scots (other) *Scottian (other) *Schottische The schottische is a partnered country dance that apparently originated in Bohemia. It was popular in Victorian era ballrooms as a part of the Bohemian folk-dance craze and left its traces in folk music of countries such as Argentina ("chotis"Span ... * {{disambiguation Language and nationality disambiguation pages ca:Escocès ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1930 In Scotland
Events from the year 1930 in Scotland. Incumbents * Secretary of State for Scotland and Keeper of the Great Seal – William Adamson Law officers * Lord Advocate – Craigie Mason Aitchison * Solicitor General for Scotland – John Charles Watson Judiciary * Lord President of the Court of Session and Lord Justice General – Lord Clyde * Lord Justice Clerk – Lord Alness * Chairman of the Scottish Land Court – Lord St Vigeans Events * 10 April – Shetland ferry runs aground on Mousa and is lost. * 30 April – first section of the 132 kV AC National Grid, the Central Scotland Electricity Scheme, is switched on in Edinburgh. * 16 May – Local Government (Scotland) Act 1929 comes into effect. Parish councils and Commissioners of Supply are dissolved and other local government units reconstituted, merged or abolished. In policy matters, the counties of Perthshire and Kinross-shire, and of Moray and Nairnshire, are to act jointly. * 11 June – transa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1930 In Case Law
Year 193 ( CXCIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Sosius and Ericius (or, less frequently, year 946 '' Ab urbe condita''). The denomination 193 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * January 1 – Year of the Five Emperors: The Roman Senate chooses Publius Helvius Pertinax, against his will, to succeed the late Commodus as Emperor. Pertinax is forced to reorganize the handling of finances, which were wrecked under Commodus, to reestablish discipline in the Roman army, and to suspend the food programs established by Trajan, provoking the ire of the Praetorian Guard. * March 28 – Pertinax is assassinated by members of the Praetorian Guard, who storm the imperial palace. The Empire is auctioned o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
