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

Author: Grafiati

Published: 10 March 2023

Last updated: 31 July 2025

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1

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

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2

Dropuljic, Stephanie. "The Role of Women in Pursuing Scottish Criminal Actions, 1580–1650." Edinburgh Law Review 24, no. 2 (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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McPherson, Rachel. "Diminished Responsibility Post Codification: Lost Opportunities, Tensions and Gendered Applications." Edinburgh Law Review 25, no. 2 (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 exa

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4

Kennedy, Allan. "State Formation, Criminal Prosecution and the Privy Council in Restoration Scotland*." English Historical Review 135, no. 572 (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 reputat

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5

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 scattere

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6

Ekirch, A. Roger. "The Transportation of Scottish Criminals to America during the Eighteenth Century." Journal of British Studies 24, no. 3 (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 r

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7

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 (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

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8

White, T. "Patients with Affective Disorders Admitted to Maximum Secure Care (1999-2003)." Medicine, Science and the Law 45, no. 2 (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 pr

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9

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 (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, whi

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10

Farmer, Lindsay. "Banking in Heaven: Credit and Trust in the Trial of the Directors of the City of Glasgow Bank (1879)." Edinburgh Law Review 28, no. 3 (2024): 383–406. http://dx.doi.org/10.3366/elr.2024.0919.

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The collapse of the City of Glasgow Bank in 1878 was one of the largest in UK history and caused massive social and economic hardship throughout Scotland. It quickly appeared that the directors of the Bank had run up numerous bad debts – investing money in speculative railway and land ventures in North America, Australia, and New Zealand – and had sought to conceal the losses in the published accounts, as well as buying shares in the bank to keep the share price artificially high. As public unrest about the consequences of the collapse grew the Scottish authorities responded swiftly, arresting

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11

Abeyratne, Ruwantissa. "Negligent Entrustment of Leased Aircraft and Crew: Some Legal Issues." Air and Space Law 35, Issue 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

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12

Chalmers, James. "Criminal Law Reform in Scotland." Edinburgh Law Review 19, no. 3 (2015): 399–403. http://dx.doi.org/10.3366/elr.2015.0302.

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13

Shaw, Mandy. "Book Review: Criminal Justice in Scotland." International Criminal Justice Review 12, no. 1 (2002): 131–32. http://dx.doi.org/10.1177/105756770201200121.

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14

McAra, Lesley. "Crime, Criminology and Criminal Justice in Scotland." European Journal of Criminology 5, no. 4 (2008): 481–504. http://dx.doi.org/10.1177/1477370808095127.

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15

Kennedy, Chloë. "Criminal Law and Religion in Post-Reformation Scotland." Edinburgh Law Review 16, no. 2 (2012): 178–97. http://dx.doi.org/10.3366/elr.2012.0102.

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16

Shiels, Robert. "The Lockerbie Case Law." Journal of Criminal Law 66, no. 4 (2002): 374–79. http://dx.doi.org/10.1177/002201830206600407.

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The destruction of an aircraft while it was in flight over Lockerbie in Scotland in 1988 led to a criminal trial 12 years later. That trial took place in The Netherlands within a specially constituted court where the law applied was that of Scotland. This article describes and considers the nine reported cases that have so far resulted from the arrest and prosecution of those accused of the Lockerbie bombing.

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17

Middlemiss, Sam, and Laura Sharp. "A Critical Analysis of the Law of Stalking in Scotland." Journal of Criminal Law 73, no. 1 (2009): 89–114. http://dx.doi.org/10.1350/jcla.2009.73.1.550.

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This article analyses the current law of stalking in Scotland in the light of various legal changes which have taken place since the enactment of the Protection from Harassment Act 1997. The various types of crime that can apply to stalking in Scotland are given detailed consideration particularly in relation to monitoring and control of stalkers and enforcement of legal measures against them. Changes in the common law rules dealing with criminal law in Scotland have cast doubt on its continued ability to deal with this problem and the complex, ad hoc nature of statutory protection introduced

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18

Burnam, Michele. "Changing policy and practice? Criminal justice research in Scotland." Criminal Justice Matters 72, no. 1 (2008): 34–36. http://dx.doi.org/10.1080/09627250802058540.

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19

Nellis, Mike. "Setting the parameters of ‘digital (criminal) justice’ in Scotland." Probation Journal 64, no. 3 (2017): 191–208. http://dx.doi.org/10.1177/0264550517712625.

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The term ‘digital justice’ has been used by the Scottish Government to delineate the potential of information and communication technology (ICT) in its civil, administrative and criminal justice systems. This paper concentrates on the latter area, outlining the content of the original 2014 digital justice strategy document and the subsequent Holyrood conferences used to promote it (Scottish Government, 2014). It notes gaps in the strategy, not least a failure to specify what human beings could and should be doing in digitized justice systems, and ambiguity about the endpoint of ‘full digitizat

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20

Jones, Timothy H. "Towards a Good and Complete Criminal Code for Scotland." Modern Law Review 68, no. 3 (2005): 448–63. http://dx.doi.org/10.1111/j.1468-2230.2005.00546.x.

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21

Neff, Stephen C. "I. International Law and Nuclear Weapons in Scottish Courts." International and Comparative Law Quarterly 51, no. 1 (2002): 171–76. http://dx.doi.org/10.1093/iclq/51.1.171.

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Britain's Trident nuclear missile programme has long been politically controversial. In 1999, the controversy entered the judicial arena in Scotland, in two cases involving ‘direct action’ against Trident installations by anti-nuclear activists. In both cases, the actions were intended not as protests against Britain's nuclear-weapons policy, but rather as actual operations to disable the weapons themselves. The acts were, in other words, in the nature of acts of sabotage. Both incidents led to criminal prosecutions. In both cases, the accused parties sought to use international law as a defen

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22

Maybee, James. "The Challenge Ahead For Criminal Justice Social Work In Scotland." Probation Journal 47, no. 3 (2000): 193–99. http://dx.doi.org/10.1177/026455050004700304.

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23

Holligan, Chris, Robert McLean, and Richard McHugh. "Exploring County Lines: Criminal Drug Distribution Practices in Scotland." Youth Justice 20, no. 1-2 (2020): 50–63. http://dx.doi.org/10.1177/1473225420902850.

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The concept of ‘County Lines’ denotes an exploitative type of illegal drug distribution and dealing criminal enterprise that is indicative of the development of new strategies to underpin criminal markets in Britain. It is a growing phenomenon characterizing the evolution and working of drug distribution networks in contemporary Britain which often establish ‘nests’ in the homes of vulnerable persons domiciled within drug traffic hubs. This article draws upon qualitative data generated from interviews with active and former offenders and members of intervention agencies in order to understand

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24

Wormald, Patrick. "Anglo-Saxon Law and Scots Law." Scottish Historical Review 88, no. 2 (2009): 192–206. http://dx.doi.org/10.3366/e0036924109000857.

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Patrick Wormald used legal material buried deep in volume i of the Acts of the Parliaments of Scotland to argue for a comparatively maximalist view of early Scottish royal government. The paper compares this Scottish legal material to two Old English codes to show that there existed in Scotland structures of social organisation similar to that in Anglo-Saxon England and a comparable level of royal control over crime by the early eleventh century. The model of a strong judicial regime in the Anglo-Saxon kingdom, put forward fully by Wormald in volume i of The Making of English Law, suggests tha

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25

Jones, David Albert. "From the Crime of Abortion to the Crime of Expressing Opposition to Abortion: Abortion Law in the UK." Zeitschrift für medizinische Ethik 69, no. 2 (2023): 243–49. http://dx.doi.org/10.30965/29498570-20230018.

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Abstract Abortion law in the United Kingdom is different in England and Wales; Scotland; and Northern Ireland. In all three jurisdictions abortion was a common law offence. In England, Wales, and Ireland it became a statutory offence. The Abortion Act 1967 extended a medical exception to that offence for England, Wales and Scotland. In Northern Ireland abortion remained illegal until 2020. There are moves to ‘decriminalise’ abortion in England, Wales, and Scotland, and increasingly to criminalise expressions of opposition to abortion. It is becoming a criminal offence even to pray silently in

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26

Krause, Thomas. "Criminal Justice History." Rechtsgeschichte - Legal History 2005, no. 06 (2005): 181–90. http://dx.doi.org/10.12946/rg06/181-190.

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27

Kilday, Anne-Marie. "Hell-Raising and Hair-Razing: Violent Robbery in Nineteenth-Century Scotland." Scottish Historical Review 92, no. 2 (2013): 255–74. http://dx.doi.org/10.3366/shr.2013.0177.

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This piece investigates trends in criminal prosecutions in nineteenth-century Scotland and considers whether fears of a crime epidemic which were prevalent in England at that time were also relevant in the northern context. Using legal prosecutions for robbery more specifically, the article offers an analysis of indictment trends which suggests the existence of a paradox in Scottish criminality, where in a context of heightened awareness and intensified concern about criminality (especially in relation to violent offences) the incidence of this type of criminality declined after the mid-point

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28

Shiels, Robert S. "Scottish Criminal Case Review Commission v Swire." Journal of Criminal Law 81, no. 5 (2017): 356–58. http://dx.doi.org/10.1177/0022018317734703.

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The disaster over Lockerbie, a small town in Scotland, in 1988 was an atrocious event that resulted in the deaths of 259 crew and passengers, as well as 11 residents all of whom were killed when the disintegrating aircraft fell to the ground. Twenty-seven years after the event the criminal case law continues to accumulate.

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29

Davis, Gayle, and Roger Davidson. "“A Fifth Freedom” or “Hideous Atheistic Expediency”? The Medical Community and Abortion Law Reform in Scotland, c.1960–1975." Medical History 50, no. 1 (2006): 29–48. http://dx.doi.org/10.1017/s0025727300000120.

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The purpose of the Medical Termination of Pregnancy Bill, published on 15 June 1966, was to amend and clarify the law relating to termination of pregnancy by a registered medical practitioner. When David Steel, a young Liberal MP from the Scottish Borders, put this bill forward, some suggested that a Scottish politician had no need to introduce abortion reform since Scots law was already satisfactory in this regard. Certainly, abortion law in Scotland was more flexible than its English counterpart, and the number of prosecutions few. The line between criminal and non-criminal abortion was, how

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Brooks, Oona, and Michele Burman. "Reporting rape: Victim perspectives on advocacy support in the criminal justice process." Criminology & Criminal Justice 17, no. 2 (2016): 209–25. http://dx.doi.org/10.1177/1748895816667996.

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Concerns about the criminal justice response to rape have prompted the development of victim advocacy services across a range of jurisdictions, yet research evidence about the nature, meaning and value of advocacy remains limited. This article draws upon a study evaluating an innovative advocacy model introduced in Scotland to assist reporting rape to the police. Findings from interviews with nine victims highlight the importance of advocacy that is independent of statutory and criminal justice agencies. However, it is argued that this does not mitigate the need for specialization or reform in

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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

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Sutherland, Elaine E. "Raising the minimum age of criminal responsibility in Scotland: law reform at last?" Northern Ireland Legal Quarterly 67, no. 3 (2018): 387–406. http://dx.doi.org/10.53386/nilq.v67i3.125.

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Children in Scotland are held criminally responsible from the age of 8, something that has attracted wholly justified criticism within the country and from international organisations, including the UN Committee on the Rights of the Child. Despite the fact that this puts Scots law in the same camp as some of the world’s least progressive regimes, proposals to raise the minimum age of criminal responsibility have, to date, been rejected. For the second time this century, a government-appointed advisory group recently recommended raising the age to 12. Setting the minimum age of criminal respons

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33

Krause, Thomas. "Networking across the North Sea: The Influence of German Civilian Authors on Sir George MacKenzie's “Laws and Customs of Scotland on Matters Criminal”." Edinburgh Law Review 22, no. 3 (2018): 368–79. http://dx.doi.org/10.3366/elr.2018.0504.

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In his treatise “The Laws and Customs of Scotland in Matters Criminal”, which was first published in 1678, Sir George Mackenzie gave the first thorough account of Scots criminal law. Being heavily influenced by Roman and Civil Law authorities most of the latter ones hail from Italy, France, the Low Countries, and Spain. There are, however, also a number of German civilian authors Mackenzie relies on. Their influence on his line of argumentation is the subject of Thomas Krause's article.

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34

Whish, Richard. "Competition law in Scotland." Competition Law Journal 18, no. 4 (2020): 133–40. http://dx.doi.org/10.4337/clj.2019.04.01.

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The Competition and Markets Authority has recently opened an expanded office in Edinburgh. This article reviews the history of the enforcement of competition law (whether in antitrust, markets or merger control) by the CMA and its predecessors and in the Competition Appeal Tribunal and the Scottish courts. With Brexit, calls for increased devolution in competition law and a possible second referendum on Scottish independence, there will be further changes in the enforcement of competition law in Scotland, with the future likely to see more, rather than less, competition law enforcement there t

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35

Grant, Scott. "Learning on the job? Exploring first-year experiences of newly-qualified criminal justice social workers in Scotland." Probation Journal 64, no. 1 (2017): 33–49. http://dx.doi.org/10.1177/0264550516682106.

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Little is known about the experiences of newly-qualified criminal justice practitioners as they enter the field of community justice for the first time. This article reports on isolated data on newly-qualified criminal justice social workers who participated in a national mixed-method study of readiness to practice in Scotland. Findings suggest that new staff felt well-prepared for practice, but many felt employers failed to provide adequate support and development opportunities. Participants report that disproportionate emphasis is placed on workload management during professional supervision

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36

Levack, Brian P. "The Prosecution of Sexual Crimes in Early Eighteenth-Century Scotland." Scottish Historical Review 89, no. 2 (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 d

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Lacey, Nicola. "Philosphy, History and Criminal Law Theory." Buffalo Criminal Law Review 1, no. 2 (1998): 295–328. http://dx.doi.org/10.1525/nclr.1998.1.2.295.

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38

Raitt, Fiona E. "The Evidential Use of “Similar Facts” in Scots Criminal Law." Edinburgh Law Review 7, no. 2 (2003): 174–93. http://dx.doi.org/10.3366/elr.2003.7.2.174.

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This article traces the development of the similar fact rule in Scots law and explores its relative underdevelopment compared to English law and the law of other Commonwealth jurisdictions. Drawing on the recent House of Lords decision in R v Z1 the article suggests that the operation of a similar fact rule is considerably more limited in Scotland than elsewhere. The article acknowledges that the existence of the rule of mutual corroboration arising from the Moorov doctrine partly explains and compensates for this lack of a fully developed similar fact rule in Scots law. However, the article a

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Mays, Richard. "The Criminal Liability of Corporations and Scots Law: Learning the Lessons of Anglo-American Jurisprudence." Edinburgh Law Review 4, no. 1 (2000): 46–73. http://dx.doi.org/10.3366/elr.2000.4.1.46.

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It is the contention of this article that Scotland, in response to the social, economic and physical dangers of corporate crime, requires a properly constructed framework of corporate criminal liability based on ideas drawn from Anglo-American jurisprudence. A proposal for such a framework is put forward and explained.

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Dubber, Markus D. "The Comparative History and Theory of Corporate Criminal Liability." New Criminal Law Review 16, no. 2 (2013): 203–40. http://dx.doi.org/10.1525/nclr.2013.16.2.203.

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An exercise in comparative legal history and legal theory, this article challenges the radical distinction that traditionally has been drawn between corporate criminal liability in German and Anglo-American law. In the familiar account, corporate criminal liability in the common law and the civil law passed each other like ships in the night, sometime around the turn of the nineteenth century: the common law had no corporate criminal liability before 1800, and the civil law had no corporate criminal liability after 1800. Closer inspection, however, reveals that corporate criminal liability was

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Tolmie, Julia R. "Coercive control: To criminalize or not to criminalize?" Criminology & Criminal Justice 18, no. 1 (2017): 50–66. http://dx.doi.org/10.1177/1748895817746712.

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Criminalizing coercive or controlling behaviour in an intimate relationship, as has been done in England and Wales and is proposed in Scotland, has the advantage of offering an offence structure to match the operation and wrong of intimate partner violence. This article raises the question as to whether other jurisdictions should follow suit. It argues that the successful implementation of such an offence may require a complexity of analysis that the criminal justice system is not currently equipped to provide and will require significant reforms in practice and thinking. If it is not successf

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42

Whatley, Christopher A. "Mitchison, The Old Poor Law in Scotland." Scottish Historical Review 81, no. 1 (2002): 134–36. http://dx.doi.org/10.3366/shr.2002.81.1.134.

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43

Twining, William. "Freedom of Proof and the Reform of Criminal Evidence." Israel Law Review 31, no. 1-3 (1997): 439–63. http://dx.doi.org/10.1017/s0021223700015363.

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In recent years reform of the Law of Evidence has been the subject of renewed interest in many common law countries. Since the adoption of the Federal Rules, debate about wholesale reform has been relatively muted in the United States. But this is exceptional. Major reports have been produced in Australia, New Zealand, Canada, Scotland, and England. With the exception of Canada, most of these have led, or are likely to lead, to significant legislative changes. This period of reformist activity has coincided with a greatly increased interest in theoretical aspects of evidence and proof, sometim

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44

Лазарева, Наталья, and Natalya Lazareva. "HISTORY OF CRIMINAL LEGISLATION DEVELOPMENT IN SLOVAKIA." Journal of Foreign Legislation and Comparative Law 1, no. 5 (2015): 0. http://dx.doi.org/10.12737/16140.

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The subject of this research is criminal legislation of the Slovak Republic since the merge of Slovakia in the AustroHungarian Empire (XIX century) to the present day. The article analyzes the emergency criminal legislation of the World War II period, the socialist Criminal Codes of the Czechoslovak Republic (1950, 1961) and the existing Criminal Code of the Slovak Republic of 2005. The article also touches upon the country’s constitutional development on the example of the adopted Constitutions of the Czechoslovak Socialist Republic (1948, 1960) and the Constitution of the Slovak Republic (19

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Antonov, V. I., and E. V. Antonov. "ADMINISTRATIVE PREJUDICE IN FOREIGN CRIMINAL LAW: HISTORY AND MODERNITY." Bulletin of Udmurt University. Series Economics and Law 30, no. 6 (2020): 844–50. http://dx.doi.org/10.35634/2412-9593-2020-30-6-844-850.

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The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice a

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Ferguson, Pamela R. "‘Smoke gets in your eyes …’: the criminalisation of smoking in enclosed public places, the harm principle and the limits of the criminal sanction." Legal Studies 31, no. 2 (2011): 259–78. http://dx.doi.org/10.1111/j.1748-121x.2010.00181.x.

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Legislation has been enacted in both England/Wales and Scotland which criminalises smoking in certain places. This paper uses these prohibitions as a way of exploring two prominent theories of criminalisation which were employed in the parliamentary debates on the legislation, namely legal paternalism and the liberal ‘harm principle’. The paper argues that the creation of these offences cannot be justified by paternalism, and that the risk of harm to non-smokers from ‘passive smoking’is a preferable justification. This latter rationale could be used in support of more extensive smoking prohibi

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Reid, Elspeth. "Making Law for Scotland: The Defamation and Malicious Publication (Scotland) Act 2021." Edinburgh Law Review 28, no. 1 (2024): 42–60. http://dx.doi.org/10.3366/elr.2024.0872.

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The Defamation and Malicious Publication (Scotland) Act 2021 is, in its way, a major achievement. A codifying statute for a complex area of the law was produced in a relatively short time-frame, and the SLC’s objective of modernising and simplifying the law was certainly realised. Yet the Act also demonstrates some of the difficulties of legislating for the law of delict, especially in the Scottish context.

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Flin, Rhona, Ray Bull, Julian Boon, and Anne Knox. "Child Witnesses in Scottish Criminal Trials." International Review of Victimology 2, no. 4 (1993): 309–29. http://dx.doi.org/10.1177/026975809300200403.

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This paper presents the results of the first British study to record systematically observations of children giving evidence in criminal trials. Psychologists watched a total of 89 children aged between 5–15 years being examined as prosecution witnesses in a wide range of riminal cases being heard in the District, Sheriff and High Courts of Glasgow, Scotland. Ratings were made of the child's demeanour and of the lawyers' questioning techniques. Most children were able to give their evidence reasonably well; nevertheless a third of them did appear tense and unhappy while in the witness box. The

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Grodetsky, Yurii Vasylovych. "Criminal offense. Crime. Criminal misconduct." Herald of the Association of Criminal Law of Ukraine 2, no. 18 (2022): 186–206. http://dx.doi.org/10.21564/2311-9640.2022.18.268273.

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Fundamental concepts of criminal law are considered – criminal offense, crime, criminal misdemeanor. Their characteristics and history of development in the 20th century are studied. Deficiencies in the legislative regulation of these concepts in the Criminal Code of Ukraine were revealed.

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50

Berger, Benjamin L. "Judges, Juries, and the History of Criminal Appeals." Law and History Review 29, no. 1 (2011): 297–302. http://dx.doi.org/10.1017/s073824801000129x.

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The three articles offered in this forum on the early history of criminal appeals do us the great service of adding much of interest on this important but neglected issue in the development of Anglo–North American criminal procedure. The opaqueness of the legal history of criminal appeals stands in stark contrast to their centrality and apparent naturalness in contemporary criminal justice systems in England, Canada, and the United States. These three papers look at the period leading up to and immediately following the creation of the first formalized system of what we might call criminal app

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