The Requirement for Corroboration in Scottish Criminal Cases: One Argument against Retention

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Abstract

Examines judicial dilution of the doctrine of corroboration applicable to Scottish criminal cases, under which evidence against the accused from two separate sources is required in order to obtain a conviction. Identifies certain dilutions as defensible and others as less justifiable dilutions of the impact of corroborative evidence. Suggests the corroboration requirement is not as good a safeguard against miscarriages of justice as some believe and that judicial refinement of the rule to avoid unmeritorious acquittals has led to unnecessary complexity, complications and anomalies.
Original languageEnglish
Pages (from-to)513-525
Number of pages13
JournalCriminal Law Review
Issue number7
Publication statusPublished - 2012

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Social Justice
Spontaneous Abortion
accused
evidence
doctrine
justice

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title = "The Requirement for Corroboration in Scottish Criminal Cases: One Argument against Retention",
abstract = "Examines judicial dilution of the doctrine of corroboration applicable to Scottish criminal cases, under which evidence against the accused from two separate sources is required in order to obtain a conviction. Identifies certain dilutions as defensible and others as less justifiable dilutions of the impact of corroborative evidence. Suggests the corroboration requirement is not as good a safeguard against miscarriages of justice as some believe and that judicial refinement of the rule to avoid unmeritorious acquittals has led to unnecessary complexity, complications and anomalies.",
author = "Duff, {Peter Robert}",
year = "2012",
language = "English",
pages = "513--525",
journal = "Criminal Law Review",
issn = "0011-135X",
publisher = "Sweet and Maxwell Ltd.",
number = "7",

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TY - JOUR

T1 - The Requirement for Corroboration in Scottish Criminal Cases

T2 - One Argument against Retention

AU - Duff, Peter Robert

PY - 2012

Y1 - 2012

N2 - Examines judicial dilution of the doctrine of corroboration applicable to Scottish criminal cases, under which evidence against the accused from two separate sources is required in order to obtain a conviction. Identifies certain dilutions as defensible and others as less justifiable dilutions of the impact of corroborative evidence. Suggests the corroboration requirement is not as good a safeguard against miscarriages of justice as some believe and that judicial refinement of the rule to avoid unmeritorious acquittals has led to unnecessary complexity, complications and anomalies.

AB - Examines judicial dilution of the doctrine of corroboration applicable to Scottish criminal cases, under which evidence against the accused from two separate sources is required in order to obtain a conviction. Identifies certain dilutions as defensible and others as less justifiable dilutions of the impact of corroborative evidence. Suggests the corroboration requirement is not as good a safeguard against miscarriages of justice as some believe and that judicial refinement of the rule to avoid unmeritorious acquittals has led to unnecessary complexity, complications and anomalies.

M3 - Article

SP - 513

EP - 525

JO - Criminal Law Review

JF - Criminal Law Review

SN - 0011-135X

IS - 7

ER -