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What are the two main procedures used in Scotland's criminal trials?
What are the two main procedures used in Scotland's criminal trials?
What is the supreme criminal court in Scotland?
What is the supreme criminal court in Scotland?
The High Court of Justiciary
A 'not proven' verdict is considered identical to a 'not guilty' verdict in Scotland.
A 'not proven' verdict is considered identical to a 'not guilty' verdict in Scotland.
True
What is the name of the public prosecution service in Scotland?
What is the name of the public prosecution service in Scotland?
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In Scotland, criminal proceedings are initiated by the alleged victim.
In Scotland, criminal proceedings are initiated by the alleged victim.
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What does the term 'adversarial' refer to in the context of Scottish criminal proceedings?
What does the term 'adversarial' refer to in the context of Scottish criminal proceedings?
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The UK Parliament cannot make criminal laws for Scotland.
The UK Parliament cannot make criminal laws for Scotland.
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Case law constitutes the primary source of criminal law doctrine in Scotland.
Case law constitutes the primary source of criminal law doctrine in Scotland.
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What are the two essential elements that must be proven for criminal liability in Scotland?
What are the two essential elements that must be proven for criminal liability in Scotland?
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Thoughts alone can constitute actus reus.
Thoughts alone can constitute actus reus.
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Strict liability offenses require proof of mens rea.
Strict liability offenses require proof of mens rea.
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What does a defense in criminal law refer to?
What does a defense in criminal law refer to?
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The accused bears the burden of proof in a criminal case.
The accused bears the burden of proof in a criminal case.
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The limits of criminal law are only defined by legal statutes.
The limits of criminal law are only defined by legal statutes.
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The European Convention on Human Rights (ECHR) explicitly addresses substantive criminal law.
The European Convention on Human Rights (ECHR) explicitly addresses substantive criminal law.
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The legality principle requires criminal laws to be clearly defined.
The legality principle requires criminal laws to be clearly defined.
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The concept of 'breach of the peace' is a clearly defined legal concept in Scotland.
The concept of 'breach of the peace' is a clearly defined legal concept in Scotland.
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Modern criminal law in Scotland is limited to traditional offenses of harm to people and property.
Modern criminal law in Scotland is limited to traditional offenses of harm to people and property.
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The criminal law in Scotland can prohibit individuals from consenting to behaviors that could potentially harm them.
The criminal law in Scotland can prohibit individuals from consenting to behaviors that could potentially harm them.
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It is always sufficient to punish someone for a crime if they have committed the actus reus.
It is always sufficient to punish someone for a crime if they have committed the actus reus.
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Thoughts of committing a crime are enough to constitute actus reus.
Thoughts of committing a crime are enough to constitute actus reus.
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The mens rea for a crime is always the same as the intention to commit it.
The mens rea for a crime is always the same as the intention to commit it.
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A person can be held criminally liable for a crime even if they did not intend to commit it.
A person can be held criminally liable for a crime even if they did not intend to commit it.
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Inchoate offenses are complete crimes requiring a specific result.
Inchoate offenses are complete crimes requiring a specific result.
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An accused can be charged with both a complete crime and an inchoate offense.
An accused can be charged with both a complete crime and an inchoate offense.
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Incitement requires that the person being incited actually commits the crime.
Incitement requires that the person being incited actually commits the crime.
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Conspiracy necessitates a written agreement between the parties.
Conspiracy necessitates a written agreement between the parties.
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An individual can be found guilty of a crime based solely on their presence at the scene of the crime.
An individual can be found guilty of a crime based solely on their presence at the scene of the crime.
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Acts committed in furtherance of a conspiracy are always independently criminal in nature.
Acts committed in furtherance of a conspiracy are always independently criminal in nature.
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An accused can be acquitted of a conspiracy charge but convicted of a crime committed in furtherance of that conspiracy.
An accused can be acquitted of a conspiracy charge but convicted of a crime committed in furtherance of that conspiracy.
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An attempt to commit a crime is an offense in itself.
An attempt to commit a crime is an offense in itself.
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Impossibility is a valid defense to an attempt to commit a crime in Scotland.
Impossibility is a valid defense to an attempt to commit a crime in Scotland.
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Art and part liability is an inchoate offense in Scotland.
Art and part liability is an inchoate offense in Scotland.
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A person can be found guilty of a crime despite not actively participating in the actus reus.
A person can be found guilty of a crime despite not actively participating in the actus reus.
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To be found guilty of a crime under art and part liability, all parties involved must commit the same actus reus.
To be found guilty of a crime under art and part liability, all parties involved must commit the same actus reus.
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Mere presence at the scene of a crime is enough to establish art and part liability.
Mere presence at the scene of a crime is enough to establish art and part liability.
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The prosecution must prove that the accused took a significant role in the crime to be found guilty under art and part liability.
The prosecution must prove that the accused took a significant role in the crime to be found guilty under art and part liability.
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An individual can be convicted of an art and part offense if they dissented from the common purpose after the offence has been committed.
An individual can be convicted of an art and part offense if they dissented from the common purpose after the offence has been committed.
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If the principal offender in a crime is acquitted, all accessories to the crime must also be acquitted.
If the principal offender in a crime is acquitted, all accessories to the crime must also be acquitted.
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Study Notes
The Criminal Process
- Criminal courts and trials follow different procedures depending on the offense.
- Solemn procedure/trial on indictment involves a jury of 15 deciding the verdict, while the judge is the sole judge of fact.
- Summary procedure involves judges sitting without a jury.
- Trials take place in 3 types of court:
- High Court of Justiciary (S supreme criminal court) - hears solemn cases (murder, rape, armed robbery).
- Sheriff Courts - handle most serious crimes.
- Justice of Peace Courts - for summary cases (less serious offenses like speeding, shoplifting).
- Appeals are heard by the High Court of Justiciary sitting as an Appeal Court and the Sheriff Appeal Court.
- High Court of Justiciary is the final court of appeal in Scotland.
Verdict and Sentence
- Criminal trial courts determine the guilt or innocence of the accused.
- Verdicts can be guilty (conviction), not guilty (acquittal), or not proven.
- Not proven verdict is functionally identical to a not guilty verdict.
- Sentencing is decided by the court based on the facts and severity of the crime, and almost always involves some form of punishment.
- The type of sentence available depends on the court where the case is tried.
- Sheriff and Justice of Peace courts have limited sentencing options.
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Description
Explore the intricacies of the criminal process in Scotland, focusing on court types, procedures, verdicts, and appeals. Learn about the roles of juries and judges in solemn and summary trials, as well as the different courts overseeing various criminal offenses. This quiz covers essential knowledge for understanding the legal framework of criminal justice.
