Full Description
This is an up-to-date, theoretical and critical focus on Scots criminal law for students and practitioners. Now in its second edition, Scots Criminal Law - A Critical Analysis provides a clear statement of the current law and, retaining the theoretical and critical focus of the first edition, considers what 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 Arstice and Licensing (Scotland) Act 2010, and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012. This second edition has been updated throughout to reflect these changes.
Contents
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.
