Posts in "Criminal Law"

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Posts in "Criminal Law"

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The Scottish Jury System in 2020

The Scottish Government’s summary of mock jury research stakeholder events together with SLN’s Year in review round-up prompted a reconsideration of a number of this year’s prominent legal issues in relation to jury trials. In particular, drivers underpinning the idea that the current jury system may not…

Published by School of Law, University of Aberdeen

S274/275: A Double-Edged Shield

Lord Glennie’s opinion in the recent ‘CH’ appeal ([2020] HCJAC 43) highlights a conflict of judicial thinking, and legal opinion in general, with respect to the Scottish rape shield. Could it be that the real issue is a fundamental lack of trust in the ability of a jury to reach…

Published by School of Law, University of Aberdeen

Jury Centres in Cinemas - The Darker Side

David Lorimer, PhD candidate at Aberdeen Law School, takes a look at the acquittal rate in last year's Scottish Mock Jury Trials and what he calls the 'Hollywood Effect'.

Last year’s report on the Scottish Mock Jury Trials provided some complex and perplexing results. There were three convictions in the 32…

Published by School of Law, University of Aberdeen

Comment on JUSTICE Consultation on the Scottish Jury Research Findings

JUSTICE Scotland have now submitted their response to the Scottish Government on the recent Mock Jury Research findings. Whilst noting that the Research is an interesting piece of work, providing insight into the relationship between three unique elements of the Scottish jury system and the effect that these may have on jury decision making…

Published by School of Law, University of Aberdeen

Jury Research - A Game of Smoke and Mirrors?

An experienced risk consultant once told me that reporting on uncertain statistical analysis could end up being 'a game of smoke and mirrors'. During another project, a highly qualified computer science researcher advised me to always do 'a pencil and paper exercise' on expected inputs and outputs before embarking upon…

Published by School of Law, University of Aberdeen

Gillen: Realistic Reform or Missed Opportunity?

In this post, David Lorimer (PhD candidate) analyses a new Northern Irish report into reforming the law on serious sexual offences. Lorimer argues what is law for the accused should be law for the complainer.

The latest Gillen Report to the Criminal Justice Board on reform of the law on serious…

Published by School of Law, University of Aberdeen

The balance of trust

Should Gavin Williamson, former defence secretary, be prosecuted under the Official Secrets Act for leaking confidential information from the National Security Council? Or was he wrongly found guilty of leaking by a ‘kangaroo court’, as he has claimed?

This story – reported by the BBC here – brings together a range of important legal…

Published by School of Law, University of Aberdeen

Independent Representation And Systematic Reform

On the 28 November 2018, The Faculty of Advocates hosted a debate on independent legal representation (ILR) for complainers in rape trials. This was informed to some extent (as indeed is this blog) by the excellent interim report by Sir John Gillen on the law and procedures relating to serious…

Published by School of Law, University of Aberdeen

Criminal Cases in Civil Courts

This article analyses the probabilities of success for criminal cases brought to civil court. It briefly examines potentially influential factors such as corroboration and criminal intent, and the implications of cases like Coxen and Goodwillie.

Recent work relating hung jury findings to Scotland’s not proven votes and verdicts has given rise to the hypothesis that…

Published by School of Law, University of Aberdeen

'Academic suggests abolishing juries in rape trials'

University of Aberdeen PhD candidate David Lorimer applies a quantitatively analytical approach to criminal law. He has written previously on jury analysis and the admissibility of prejudicial evidence (with a journal paper currently under peer review). The attached poster indicates some of the areas to which his quantitative methodology has…

Published by School of Law, University of Aberdeen

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