Scots Criminal Law : A Critical Analysis, 3rd Edition.

Format:

Book

Author/Creator:

Ferguson, Pamela R.

Language:

English

Physical Description:

1 online resource (777 pages)

Edition:

3rd ed.

Place of Publication:

Edinburgh : Edinburgh University Press, 2025.

Summary:

This book provides an up-to-date statement of the Criminal Law of Scotland, with a theoretical and critical focus, for students, academics and practitioners.

Contents:

Intro

Preface to the Third Edition

Preface to the First Edition

Acknowledgements

TABLE OF CASES

TABLE OF LEGISLATION

Commonly Used Abbreviations

Part I

Determining the Appropriate Scope of the Criminal Law

Chapter 1

Philosophical Underpinnings

1.1 INTRODUCTION

1.2 LIBERALISM

1.3 THE PUBLIC AND THE PRIVATE

1.4 HUMAN RIGHTS

1.5 LIBERALISM AND CRIMINAL LAW

1.6 COMMUNITARIANISM

1.7 THE INDIVIDUAL VERSUS THE COMMUNITY

1.8 WHICH COMMUNITY?

1.9 COMMUNITARIANISM AND CRIMINAL LAW

1.10 THE PUBLIC INTEREST AND POLICY CONSIDERATIONS

1.11 FEMINISM(S)

1.12 LIBERAL FEMINISM

1.13 FEMINISM VERSUS LIBERALISM

1.14 A FEMINIST ETHIC OF CARE

1.15 CRITIQUES OF THE ETHIC OF CARE

1.16 FEMINISM VERSUS COMMUNITARIANISM

1.17 FEMINISM AND CRIMINAL LAW

1.18 FEMINISM AND THE PUBLIC/PRIVATE DIVIDE

1.19 CONCLUSIONS

Chapter 2

Principles of Criminalisation

2.1 INTRODUCTION

2.2 THE BREADTH OF THE CRIMINAL SANCTION

2.3 PUNISHMENT AND THE CRIMINAL PROCESS

2.4 THE ARGUMENT FROM LIBERTY

2.5 THE PROLIFERATION OF STATUTORY OFFENCES

2.6 LAW AND MORALS

2.7 THE SEPARATION OF LAW AND MORALS

2.8 WRONGFUL BEHAVIOUR AND BLAMEWORTHY INDIVIDUALS

Chapter 3

Harming and Offending

3.1 INTRODUCTION

3.2 THE HARM PRINCIPLE APPLIED TO CRIMINAL LAW

3.3 RELEVANT HARM

3.4 SELF-HARM

3.5 LEGAL PATERNALISM

3.6 CONSENSUAL HARM

3.7 CONSENSUAL HARMS AND THE COMMUNITY

3.8 REHABILITATION OF LEGAL PATERNALISM

3.9 BEHIND THE VEIL OF IGNORANCE

3.10 OFFENCE TO OTHERS

3.11 CONCLUSIONS

Chapter 4

Fairness and Justice in Criminalisation

4.1 INTRODUCTION

4.2 THE RULE OF LAW

4.3 THE RULE OF LAW AND SCOTS CRIMINAL LAW

4.4 EQUALITY ISSUES

4.5 EQUALITY OF ENFORCEMENT

4.6 FAIR LABELLING

4.7 CONCLUSIONS.

Part II

Foundations

Chapter 5

Procedural Framework and Sources

5.1 INTRODUCTION

5.2 MODELS OF THE CRIMINAL PROCESS

5.3 PACKER'S MODELS AND SCOTS CRIMINAL LAW

5.4 THE PRESUMPTION OF INNOCENCE

5.5 SYSTEMS OF CRIMINAL PROCEDURE

5.6 SOLEMN AND SUMMARY PROCEDURE

5.7 JURISDICTION

5.8 HISTORICAL CONTEXT

5.9 THE NATURE OF THE COMMON LAW

5.10 INSTITUTIONAL WRITINGS

5.11 CASE LAW

5.12 THE DECLARATORY POWER

5.13 INNOMINATE CRIMES

5.14 STATUTE LAW

5.15 THE ROLE OF THE CROWN OFFICE

5.16 CRITIQUE AND PROPOSALS FOR REFORM

Chapter 6

Actus Reus and Mens Rea

6.1 INTRODUCTION

6.2 ACTUS REUS

6.3 STATES OF AFFAIRS

6.4 OVERT ACTS

6.5 OMISSIONS

6.6 (1) BY STATUTE

6.7 (2) COMMON LAW OBLIGATIONS

6.8 CRITIQUE OF THE LAW ON OMISSIONS AND PROPOSALS FOR REFORM

6.9 MENS REA

6.10 MOTIVE

6.11 DEGREES OF MENS REA

6.12 INTENTION

6.13 TRANSFERRED INTENT

6.14 CRITIQUE OF THE LAW ON TRANSFERRED INTENT AND PROPOSALS FOR REFORM

6.15 RECKLESSNESS

6.16 CRITIQUE OF THE LAW ON RECKLESSNESS AND PROPOSALS FOR REFORM

6.17 NEGLIGENCE

6.18 CRIMINAL CAPACITY

6.19 CONCURRENCE OF MENS REA AND ACTUS REUS

6.20 GENERAL CRITIQUE AND PROPOSALS FOR REFORM

Chapter 7

General Principles of Liability

7.1 INTRODUCTION

7.2 CAUSATION

7.3 BREAKING THE CAUSAL CHAIN

7.4 CRITIQUE OF THE LAW ON CAUSATION AND PROPOSALS FOR REFORM

7.5 ART AND PART LIABILITY

7.6 THE LIMITS OF ART AND PART

7.7 ART AND PART LIABILITY IN (ANTECEDENT CONCERT) HOMICIDE

7.8 CRITIQUE OF THE LAW ON ART AND PART AND PROPOSALS FOR REFORM

7.9 STATUTORY AGGRAVATIONS

7.10 CRITIQUE OF THE LAW ON STATUTORY AGGRAVATIONS AND PROPOSALS FOR REFORM

Chapter 8

Preventive Offences

8.1 INTRODUCTION

8.2 CRIMINAL ATTEMPTS.

8.3 IMPOSSIBLE ATTEMPTS

8.4 CRITIQUE OF THE LAW ON ATTEMPTS AND PROPOSALS FOR REFORM

8.5 COMMON LAW PREVENTIVE OFFENCES

8.6 CONSPIRACY

8.7 CRITIQUE OF THE LAW ON CONSPIRACY AND PROPOSALS FOR REFORM

8.8 POSSESSION OFFENCES

8.9 MISUSE OF DRUGS

8.10 CRITIQUE OF DRUG OFFENCES AND PROPOSALS FOR REFORM

8.11 OFFENSIVE WEAPONS AND ARTICLES WITH A BLADE OR SHARP POINT

8.12 OTHER WEAPONS OFFENCES

8.13 CRITIQUE OF THE LAW ON POSSESSION OF WEAPONS AND PROPOSALS FOR REFORM

8.14 POSSESSION OR USE OF BANNED ARTICLES IN PRISON

8.15 CRITIQUE OF THE LAW ON POSSESSION OR USE OF BANNED ARTICLES IN PRISON

8.16 PREVENTING OFFENCES OF DISHONESTY

8.17 BEING FOUND IN PREMISES, WITH INTENT TO COMMIT THEFT

8.18 CONVICTED THIEF IN POSSESSION OF TOOLS

8.19 POSSESSION OF ARTICLES FOR USE IN FRAUD

8.20 POSSESSION OF POLICE UNIFORM

8.21 CRITIQUE OF THE LAW ON POSSESSION OF POLICE ITEMS

8.22 ROAD TRAFFIC OFFENCES

8.23 TERRORISM

8.24 CONCLUSION

Part III

Offences Which Threaten or Harm Bodily Integrity

Chapter 9

Homicide

9.1 INTRODUCTION

9.2 NON-CRIMINAL ('CASUAL') HOMICIDE

9.3 CRIMINAL HOMICIDE

9.4 WHEN DOES LIFE BEGIN?

9.5 ABORTION

9.6 CRITIQUE OF THE LAW ON ABORTION AND PROPOSALS FOR REFORM

9.7 INFANTICIDE?

9.8 DEATH FOLLOWING INJURIES RECEIVED IN UTERO

9.9 END-OF-LIFE ISSUES

9.10 MURDER AND CULPABLE HOMICIDE

9.11 MURDER

9.12 'WICKED RECKLESSNESS'

9.13 DOLUS EVENTUALIS

9.14 CRITIQUE OF THE LAW ON MURDER AND PROPOSALS FOR REFORM

9.15 CULPABLE HOMICIDE

9.16 VOLUNTARY CULPABLE HOMICIDE

9.17 INVOLUNTARY CULPABLE HOMICIDE

9.18 INVOLUNTARY CULPABLE HOMICIDE IN THE COURSE OF AN UNLAWFUL ACT

9.19 INVOLUNTARY CULPABLE HOMICIDE IN THE COURSE OF A LAWFUL ACT

9.20 EUTHANASIA.

9.21 CRITIQUE OF THE COMMON LAW ON HOMICIDE AND PROPOSALS FOR REFORM

9.22 STATUTORY HOMICIDES

9.23 ROAD TRAFFIC HOMICIDES

9.24 CAUSING DEATH BY DANGEROUS DRIVING

9.25 UNLICENSED, DISQUALIFIED OR UNINSURED DRIVERS WHO CAUSE DEATH

9.26 CRITIQUE OF ROAD TRAFFIC HOMICIDE AND PROPOSALS FOR REFORM

Chapter 10

Non-fatal Offences against the Person

10.1 INTRODUCTION

10.2 ASSAULT

10.3 AGGRAVATED ASSAULT

10.4 DOMESTIC ABUSE

10.5 CONSENT

10.6 CRITIQUE OF THE LAW ON ASSAULT AND PROPOSALS FOR REFORM

10.7 JUSTIFIABLE FORCE

10.8 CHILD ABUSE

10.9 CRITIQUE OF THE LAW ON CHILD ABUSE AND PROPOSALS FOR REFORM

10.10 THE PHYSICAL PUNISHMENT OF CHILDREN

10.11 RECKLESSLY CAUSING INJURY

10.12 CRITIQUE OF THE LAW ON RECKLESSLY CAUSING INJURY AND PROPOSALS FOR REFORM

10.13 THREATS

10.14 DRUGGING

10.15 CRITIQUE OF THE LAW ON DRUGGING AND PROPOSALS FOR REFORM

10.16 ABDUCTION/DEPRIVATION OF LIBERTY

10.17 CRITIQUE OF THE LAW ON ABDUCTION/DEPRIVATION OF LIBERTY AND PROPOSALS FOR REFORM

10.18 SLAVERY

10.19 TORTURE

10.20 CRITIQUE OF THE LAW ON TORTURE AND PROPOSALS FOR REFORM

Chapter 11

Sexual Offences

11.1 INTRODUCTION

11.2 RAPE

11.3 CRITIQUE OF THE LAW ON RAPE AND PROPOSALS FOR REFORM

11.4 SEXUAL ASSAULT BY PENETRATION

11.5 SEXUAL ASSAULT

11.6 SEXUAL COERCION

11.7 COMMUNICATING INDECENTLY

11.8 SEXUAL EXPOSURE

11.9 VOYEURISM

11.10 CRITIQUE OF THE LAW ON VOYEURISM AND PROPOSALS FOR REFORM

11.11 ADMINISTERING A SUBSTANCE FOR SEXUAL PURPOSES

11.12 SEXUAL OFFENCES INVOLVING CHILDREN

11.13 CRITIQUE OF THE LAW ON SEXUAL OFFENCES INVOLVING CHILDREN AND PROPOSALS FOR REFORM

11.14 SEXUAL OFFENCES INVOLVING ABUSE OF TRUST

11.15 PORNOGRAPHY

11.16 CRITIQUE OF THE LAW ON PORNOGRAPHY AND PROPOSALS FOR REFORM.

11.17 INCEST

11.18 CRITIQUE OF THE LAW ON INCEST AND PROPOSALS FOR REFORM

11.19 SEX TOURISM

11.20 PUBLIC INDECENCY

11.21 CRITIQUE OF THE LAW ON PUBLIC INDECENCY AND PROPOSALS FOR REFORM

11.22 DISCLOSURE OF INTIMATE PHOTOGRAPHS

11.23 CRITIQUE OF THE LAW ON DISCLOSURE OF INTIMATE PHOTOGRAPHS AND PROPOSALS FOR REFORM

Part IV

Offences Which Threaten or Harm Interests in Property

Chapter 12

Crimes of Dishonesty

12.1 INTRODUCTION

12.2 THEFT

12.3 PRINCIPLES IN THE MODERN LAW

12.4 ACTUS REUS

12.5 MENS REA

12.6 TAKING AND USING

12.7 CRITIQUE OF THE MENS REA OF THEFT AND PROPOSALS FOR REFORM

12.8 THEFT BY HOUSEBREAKING

12.9 HOUSEBREAKING WITH INTENT TO STEAL

12.10 THEFT BY OPENING LOCKFAST PLACES

12.11 CRITIQUE OF THE LAW ON AGGRAVATIONS OF THEFT AND PROPOSALS FOR REFORM

12.12 RESET

12.13 CRITIQUE OF THE LAW ON RESET AND PROPOSALS FOR REFORM

12.14 EMBEZZLEMENT

12.15 CRITIQUE OF THE LAW ON EMBEZZLEMENT AND PROPOSALS FOR REFORM

12.16 FRAUD

12.17 IDENTITY THEFT AND IDENTITY FRAUD

12.18 CRITIQUE OF THE LAW ON FRAUD AND PROPOSALS FOR REFORM

12.19 UTTERING

12.20 CRITIQUE OF THE LAW'S RESPONSE TO LYING AND PROPOSALS FOR REFORM

12.21 ROBBERY

12.22 CRITIQUE OF THE LAW ON ROBBERY AND PROPOSALS FOR REFORM

12.23 PIRACY

12.24 EXTORTION

Chapter 13

Other Property-Related Crimes

13.1 INTRODUCTION

13.2 MALICIOUS MISCHIEF

13.3 VANDALISM

13.4 CRITIQUE OF THE LAW ON VANDALISM AND MALICIOUS MISCHIEF AND PROPOSALS FOR REFORM

13.5 FIRE-RAISING

13.6 CRITIQUE OF THE LAW ON FIRE-RAISING AND PROPOSALS FOR REFORM

13.7 SABOTAGE

Part V

Offences Which Protect the Course of Justice and Public Order

Chapter 14

Offences against the Course of Justice

14.2 FALSE ACCUSATIONS OF CRIME/WASTING POLICE TIME.

14.3 CRITIQUE OF THE OFFENCE OF WASTING POLICE TIME AND PROPOSALS FOR REFORM.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

1-3995-1731-7

OCLC:

1561171958