Scots Criminal Law A Critical Analysis

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, focusing on theory and criticism. It also considers what types of behaviours are subject to the criminal law sanction, and why.

Pamela Ferguson is Professor of Scots Law at the University of Dundee. She is author of Breach of the Peace and Scots Criminal Law, 2nd edition (Edinburgh University Press, 2014).

Claire McDiarmid is Reader in Law at the University of Strathclyde. She is the author of Children in Crime (Edinburgh University Press, 2013).

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