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Admonition
Admonition (or "being admonished") is the lightest punishment under Scots law. It occurs when an offender who has been found guilty or who has pleaded guilty, is not given a fine, but instead receives a lesser penalty in the form of a verbal warning (admonished), due to a minor infringement of the law; the conviction is still recorded. It is usually the result of either the strict application of law where no real wrong has been caused or where other circumstances (e.g. being detained, attending court) make further punishment unjust in the circumstances specific to the case involved. This disposition is comparable to an absolute discharge in jurisdictions where an absolute discharge involves the recording of a conviction (''i.e.'', where the "discharge" is from punishment only) but stands in contrast to an absolute discharge in jurisdictions in which an absolute discharge does not involve the recording of a conviction as is the case in Scotland under summary procedure (''i.e.'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular action or behavior that is deemed undesirable or unacceptable. It is, however, possible to distinguish between various different understandings of what punishment is. The reasoning for punishment may be to condition a child to avoid self-endangerment, to impose social conformity (in particular, in the contexts of compulsory education or military discipline), to defend norms, to protect against future harms (in particular, those from violent crime), and to maintain the law—and respect for rule of law—under which the social group is governed. and violates the law or rules by which the group is governed. Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the religious setting, but is mos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fine (penalty)
A fine or mulct (the latter synonym typically used in civil law) is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other offense. The amount of a fine can be determined case by case, but it is often announced in advance. The most usual use of the term is for financial punishments for the commission of crimes, especially minor crimes, or as the settlement of a claim. One common example of a fine is money paid for violations of traffic laws. Currently in English common law, relatively small fines are used either in place of or alongside community service orders for low-level criminal offences. Larger fines are also given independently or alongside shorter prison sentences when the judge or magistrate considers a considerable amount of retribution is necessary, but there is unlikely to be significant danger to the public. For instance, fraud is often punished by very large fines since fraudsters are typically ban ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Detention (imprisonment)
Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation or as punishment for a crime (see prison). An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily. They may also be detained for to prevent the spread of infectious diseases such as tuberculosis. The term can also be used in reference to the holding of property for the same reasons. The process of detainment may or may not have been preceded or followed with an arrest. Detainee is a term used by certain governments and their armed forces to refer to individuals held in custody, such as those it does not classify ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conditional Discharge
A discharge is a type of sentence imposed by a court whereby no punishment is imposed. An absolute discharge is an unconditional discharge whereby the court finds that a crime has technically been committed but that any punishment of the defendant would be inappropriate and the case is closed. In some jurisdictions, an absolute discharge means there is no conviction on the defendant's record, despite the plea of the defendant. A conditional discharge is an order made by a criminal court whereby an offender will not be sentenced for an offence unless a further offence is committed within a stated period. Once the stated period has elapsed and no further offence is committed then the conviction may be removed from the defendant's record. Australia In Australia, offenders can be discharged without being convicted, with or without being placed on a good behaviour bond (or other conditions). The sentencing options vary from state to state. Note that defendants can be discharged with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rehabilitation Of Offenders Act 1974
The Rehabilitation of Offenders Act 1974 (c.53) of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past. The rehabilitation period is automatically determined by the sentence. After this period, if there has been no further conviction the conviction is "spent" and, with certain exceptions, need not be disclosed by the ex-offender in any context such as when applying for a job, obtaining insurance, or in civil proceedings. A conviction for the purposes of the ROA includes a conviction issued outside Great Britain (see s1(4) of the 1974 Act) and therefore foreign convictions are eligible to receive the protection of the ROA. Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (section 139), the Act as it applies in England and Wales was updated to provide new rehabilitation periods – with most c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Church Discipline
Church discipline is the practice of church members calling upon an individual within the Church to repent for their sins. Church discipline is performed when one has sinned or gone against the rules of the church. Church discipline is practiced with the intent to make the offender repent and be reconciled to God. It was also used to protect the other church members from the influence of sin, and to prevent other members from acting out. The Bible's teaching on corrective church discipline Ultimate authority resides in Christ, who authorizes the church to use it as needed. (Matthew 18:17) Corrective discipline is for: * Troublemakers and those who sow discord. (Romans 16:17) * The unruly and disorderly. (1 Thessalonians 5:14) * Those who disobey the great doctrines of the faith. (2 Thessalonians 3:13-14) * Those who deny the great doctrines of the faith. (1 Timothy 6:3-4) Procedures in discipline * Arrange a private meeting with the offender. (Matthew 18:15) * If a private meetin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law Legal Terminology
Scots usually refers to something of, from, or related to Scotland, including: * Scots language, a language of the West Germanic language family native to Scotland * Scots people, a nation and ethnic group native to Scotland * Scoti, a Latin name for the Gaels * SCOTS, abbreviation for Royal Regiment of Scotland * Scottish Corpus of Texts and Speech (SCOTS), a linguistic resource See also * Southern Culture on the Skids (SCOTS), an American rock band * Scot's Lo-Cost, a grocery store owned by Weis Markets * Scotch (other) * Scots Church (other) * Scots College (other) * Scott's (other) * Scottish (other) * Scotts (other) * Pound Scots, historical currency * Scots pine ''Pinus sylvestris'', the Scots pine (UK), Scotch pine (US) or Baltic pine, is a species of tree in the pine family Pinaceae that is native to Eurasia. It can readily be identified by its combination of fairly short, blue-green leaves and orang ..., a speci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish 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. Sco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
