Offers a theoretical and critical focus on Scots criminal law for students and practitioners. This book provides a clear statement of the law and considers what behaviours are subject to the criminal law sanction and why.
Scots Criminal Law A CRITICAL ANALYSIS Now in its second edition, Scots Criminal Law - A Critical Analysis not only provides a clear statement of the current law but, retaining the theoretical and critical focus of the first edition, also considers what types of behaviours are subject to the criminal law sanction, and why. In the four years since the first edition, the courts have redefined the crimes of murder and breach of the peace; and broadened the application of the necessity defence. Key statutory developments include the enactment of the Criminal Justice and Licensing (Scotland) Act 2010, and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012. While the book is suitable for use by students and practitioners alike, it will also be stimulating for anyone with an interest in the future development of criminal law. Contents Table of Cases Table of Legislation Commonly Used Abbreviations 1: Philosophical Underpinnings 2: Principles of Criminalisation 3: Harming and Offending 4: Fairness and Justice in Criminalisation 5: Procedural Framework and Sources 6: Actus Reus and Mens Rea 7: General Principles of Liability 8: Preventive Offences 9: Homicide 10: Non-Fatal Offences Against the Person 11: Sexual Offences 12: Crimes of Dishonesty 13: Other Property-Related Crimes 14: Offences Against the Course of Justice 15: Public Order Offences 16: Offensive Behaviours 17: General Principles of Statutory Offences 18: Business Crime, Regulatory Offences, "White Collar" Crime and Corporate Liability 19: Alibi, Incrimination, Non-Age, Error and Consent 20: Mental Disorder, Unfitness for Trial, Diminished Responsibility, Intoxication and Automatism 21: Coercion, Necessity, Self-Defence, Provocation, Superior Orders and Entrapment 22: The Future Development of Scots Criminal Law Bibliography Index Professor Pamela Ferguson is a Solicitor and holds the Chair in Scots Law at the University of Dundee. Dr Claire McDiarmid is a Solicitor and Senior Lecturer in Law at the University of Strathclyde. Between them, they have been teaching criminal law for more than 45 years.
