|
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 The Code of Justinian (, or ) is on ... [...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 Border country, 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 Scots law, corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. Corroboration is not required in ... [...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 sheriffdom procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare. The Service's jurisdiction covers all of Scotland, and includes investigation and prosecution of criminal offences, sudden or suspicious deaths, and criminal conduct by the police. It also includes assessment and possession of bona vacantia and treasure trove. The Lord Advocate is assisted by the Solicitor General for Scotland, both of whom are Law Officers. The day-to-day running of the Service is carried out by the Crown Agent & Chief Executive and an executive board who are based in the service headquar ... [...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 Scot ... [...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. In public perception, it typically refers to "procedural rules that can dictate the outcome of a case without having anything to do with the merits of that case." 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 exa ... [...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 meruit, 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 Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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 ask for Police Scotland officers to be precognosced.Police Scotland:Police Officer Precognitions at official website. Accessed 16 August 2015 Right to request precognition ...
|
Similar Fact Evidence
Similarity may refer to: In mathematics and computing * Similarity (geometry), the property of sharing the same shape * Matrix similarity, a relation between matrices * Similarity measure, a function that quantifies the similarity of two objects ** Cosine similarity, which uses the angle between vectors ** String metric, also called string similarity ** Semantic similarity, in computational linguistics In linguistics * Lexical similarity * Semantic similarity In other fields * Similitude (model), in engineering, describing the geometric, kinematic and dynamic 'likeness' of two or more systems * Similarity (psychology) * Similarity (philosophy) * Similarity (signal processing) * Musical similarity * Chemical similarity * Similarity (network science) * Structural similarity * ''Similar'' (film), an upcoming South Korean film See also * * Same (other) * Difference (other) * Equality (mathematics) * Identity (philosophy) In metaphysics, identity (from , "same ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dorothy Bain
Dorothy Ruth Bain is a Scottish Faculty of Advocates, advocate who has served as Lord Advocate since 2021. She is the second woman to hold the office after Elish Angiolini, Lady Elish Angiolini KC. Bain previously served as the Crown Office and Procurator Fiscal Service, Principal Advocate Depute from 2009 to 2011, the first woman to hold the prosecutorial position in Scotland. Born in Edinburgh, Bain attended the University of Aberdeen School of Law, graduating with an LLB and a Diploma in Legal Practice. In 1994, she became an Faculty of Advocates, advocate and in 2007 she was appointed Queen's Counsel, now King's Counsel. Bain served as an Advocate Depute in the Crown Office and Procurator Fiscal Service, Crown Office from 2002 to 2011 and was appointed the first female Principal Advocate Depute from 2009 to 2011. In 2008, she was commissioned to report on the prosecution of sex crimes in Scotland, the outcome of which led to the formation of Scotland's National Sex Crimes Un ... [...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 proven to have occurred before a person could be convicted of having committed 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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corroborating Evidence
Corroborating evidence, also referred to as corroboration, is a type of evidence in lawful command. 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, ''corroborates'' the proposition by testifying 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 c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iain Bonomy, Lord Bonomy
Iain Bonomy, Lord Bonomy, (born 15 January 1946) is a former Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session from 2010 to 2012. From 2004 to 2009, he was a Judge of the International Criminal Tribunal for the former Yugoslavia. Early life Born on 15 January 1946 in Motherwell, Bonomy attended Dalziel High School and the School of Law of the University of Glasgow, graduating LL.B. in 1968. In 2006, he was awarded an honorary LL.D. by the university. He undertook his apprenticeship as a solicitor at East Kilbride Town Council between 1968 and 1970, before moving into practice with Ballantyne and Copland in Motherwell, rising to become a partner. In 1983, he left to begin devilling, and in 1984 was admitted to the Faculty of Advocates, gaining Queen's Counsel status in 1993. From 1990 to 1996, he served as an Advocate Depute, and in 1996 served as senior counsel to th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
