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The Paradox Of Scottish Life Imprisonment (2020)
Journal Article
Van Zyl Smit, D., & Morrison, K. (2020). The Paradox Of Scottish Life Imprisonment. European Journal of Crime, Criminal Law and Criminal Justice, 28(1), 76-102. https://doi.org/10.1163/15718174-02801004

More people are serving life sentences in Scotland as a proportion of the national population than in any other country in Europe. Yet Scotland claims to adopt a welfarist rather than a penal approach to criminal justice. This paper uses a wide rang... Read More about The Paradox Of Scottish Life Imprisonment.

No Oral Modification Clauses: Solid as a Rock (2019)
Journal Article
Dodd, L. (2019). No Oral Modification Clauses: Solid as a Rock. Juridical Review, 2019(4), 342-349

This is an analysis of the 2018 UK Supreme Court case Rock Advertising Ltd v MWB Business Exchange Centres Ltd, which concerned the legal validity of No Oral Modification clauses.

Thomas Craig on the origin and development of feudal law (2019)
Journal Article
Dodd, L. (2019). Thomas Craig on the origin and development of feudal law. Legal History Review / Revue d'Histoire du Droit / Tijdschrift voor Rechtsgeschiedenis, 87(1-2), 86-127. https://doi.org/10.1163/15718190-08712P04

When Thomas Craig (c.1538-1608) wrote his great treatise on Scottish feudal practice, the Jus feudale, he devoted a considerable part of the first book to legal origins. This article deals with Craig’s treatment narrative on the origins of feudal law... Read More about Thomas Craig on the origin and development of feudal law.

Threshold point utilisation in juror decision-making (2018)
Journal Article
Curley, L. J., MacLean, R., Murray, J., Pollock, A. C., & Laybourn, P. (2019). Threshold point utilisation in juror decision-making. Psychiatry, Psychology and Law, 26(1), 110-128. https://doi.org/10.1080/13218719.2018.1485520

The current research aimed to identify whether a model of juror decision making (i.e. the threshold model) that encompasses both rational and intuitive decision making exists. Sixty participants were selected who would be eligible for jury duty in Sc... Read More about Threshold point utilisation in juror decision-making.

The bastard verdict and its influence on jurors (2018)
Journal Article
Curley, L. J., Maclean, R., Murray, J., Laybourn, P., & Brown, D. (2019). The bastard verdict and its influence on jurors. Medicine, Science and the Law, 59(1), 26-35. https://doi.org/10.1177/0025802418811740

The Scottish Legal system is a unique jurisdiction as jurors are able to give Not Proven verdicts in addition to the well-known Anglo-American verdicts (Guilty and Not Guilty). The Not Proven verdict has never been legally defined, meaning that curre... Read More about The bastard verdict and its influence on jurors.

The Problem of the Authority of the International Criminal Court (2018)
Journal Article
Moran, C. F. (2018). The Problem of the Authority of the International Criminal Court. International Criminal Law Review, 18(5), 883-901. https://doi.org/10.1163/15718123-01805001

This research examines the problem of the authority of the International Criminal Court (ICC), focusing on its claim to jurisdiction as its primary exercise of authority. The research questions the basis of the Court's authority, beginning with an an... Read More about The Problem of the Authority of the International Criminal Court.

Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights? (2018)
Journal Article
Macfarlane, L.-A. (2018). Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights?. Juridical Review, 75-97

Article 3 of the United Nations Convention on the Rights of the Child provides that the child’s ‘best interests… shall be a primary consideration’ in all actions concerning the child. The United Nations Committee on the Rights of the Child has indic... Read More about Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights?.

Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland (2018)
Journal Article
Stavert, J. (2018). Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland. Laws, 7(3), Article 26. https://doi.org/10.3390/laws7030026

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) highlights the need to actively remove obstacles to, and promote, the full and equal enjoyment of human rights by persons with disabilities. This is challenging us to rev... Read More about Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland.

Employer Responses to Dementia in the Workplace in Scotland (2018)
Report
Stavert, J., Egdell, V., Ritchie, L., Danson, M., Cook, M., & Tolson, D. (2018). Employer Responses to Dementia in the Workplace in Scotland. Scotland: Edinburgh Napier University

The reported study investigated how Scottish-based employers from different sectors respond to staff with dementia. Dementia is, and will increasingly be, a workplace issue as populations’ age, working lives extend and there is better recognition of... Read More about Employer Responses to Dementia in the Workplace in Scotland.

Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development (2018)
Journal Article
Barnes Macfarlane, L.-A. (2018). Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development. Edinburgh Law Review, 22(1), 101-107. https://doi.org/10.3366/elr.2018.0458

"A letter", Nietzsche once wrote, "is an unannounced visit, the postman the agent of rude surprises". Given the extremely personal nature of many family law judgments, it is rare and rather surprising when parties, their children or, indeed, the judi... Read More about Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development.

The criminal justice system in Scotland (2017)
Book Chapter
Morrison, K. (2017). The criminal justice system in Scotland. In Case, Johnson, Williams, Smith, & Manlow (Eds.), Criminology. Oxford University Press

No abstract available.

Are consistent juror decisions related to fast and frugal decision making? Investigating the relationship between juror consistency, decision speed and cue utilisation (2017)
Journal Article
Curley, L. J., Murray, J., MacLean, R., & Laybourn, P. (2017). Are consistent juror decisions related to fast and frugal decision making? Investigating the relationship between juror consistency, decision speed and cue utilisation. Medicine, Science and the Law, 57(4), 211-219. https://doi.org/10.1177/0025802417733354

To establish whether more consistent/accurate juror decision making is related to faster decision making processes which use fewer cues, i.e. fast and frugal heuristic processes. A correlational design was implemented, with the co-variables: consiste... Read More about Are consistent juror decisions related to fast and frugal decision making? Investigating the relationship between juror consistency, decision speed and cue utilisation.

Police legitimacy in context: an exploration of “soft” power in police custody in England (2017)
Journal Article
Skinns, L., Rice, L., Sprawson, A., & Wooff, A. (2017). Police legitimacy in context: an exploration of “soft” power in police custody in England. Policing: An International Journal of Police Strategies and Management, 40(3), 601-613. https://doi.org/10.1108/PIJPSM-06-2016-0077

For the most part, the procedural justice model has been found to generalise across different social groups and social contexts in the Anglo-American world (e.g. Jackson et al. 2013: 17). However, police custody is qualitatively different from other... Read More about Police legitimacy in context: an exploration of “soft” power in police custody in England.

Scotland's Mental Health and Capacity Law: A Case for Reform (2017)
Report
Stavert, J., & McKay, C. (2017). Scotland's Mental Health and Capacity Law: A Case for Reform. Edinburgh: Mental Welfare Commission for Scotland

Report of joint Mental Welfare Commission for Scotland and Centre for Mental Health and Capacity Law law reform scoping exercise.