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Evidence
In: Law Making and the Scottish Parliament, S. 250-268
Where is an Arbitral Award Made?—Hiscox V. Outhwaite
In: The international & comparative law quarterly: ICLQ, Band 41, Heft 3, S. 637-645
ISSN: 1471-6895
Where Is an Arbitral Award Made? Hiscox v. Outhwaite
In: International & comparative law quarterly: ICLQ, Band 41, Heft 3, S. 637
ISSN: 0020-5893
The corroboration requirement in Scottish criminal trials:should it be retained for some forms of problematic evidence?
In: Davidson , F P & Ferguson , P R 2014 , ' The corroboration requirement in Scottish criminal trials : should it be retained for some forms of problematic evidence? ' International Journal of Evidence and Proof , vol 18 , no. 1 , pp. 1-27 . DOI:10.1350/ijep.2014.18.1.439
The merits of corroborated evidence in criminal trials have been hotly debated in many jurisdictions, with most having now abandoned this requirement. The Scottish government intends to do likewise—at a time when some other jurisdictions are considering its reintroduction. This article considers whether there is merit in retaining a corroboration requirement for two types of evidence, namely for visual identifications and extra-judicial confessions. It explores whether the introduction of a weighted jury majority, as the government proposes, can compensate for the problematic nature of such evidence. In respect of visual identification evidence, it is argued that any safeguard which corroboration might have provided has been weakened by the way in which the courts have developed the law. Alternative mechanisms for improving the quality of such evidence are assessed. In relation to confessions, the article argues that increasing the jury majority is a poor substitute for corroboration.
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Law Making and the Scottish Parliament: The Early Years in Context
In: Law Making and the Scottish Parliament, S. 2-8