NCJ Number
62575
Journal
Judges' Journal Volume: 17 Issue: 4 Dated: (FALL 1978) Pages: 20-24,53
Date Published
1978
Length
6 pages
Annotation
THIS ARTICLE GIVES A DESCRIPTIVE OVERVIEW OF SCOTLAND'S COURTS AND CRIMINAL JUSTICE SYSTEM.
Abstract
THE SCOTTISH LEGAL SYSTEM, SEPARATE FROM BRITAIN'S, IS ECLECTIC, DEPENDING HEAVILY ON BORROWINGS FROM THE CIVIL LAW SYSTEM PREVAILING IN PRE-NAPOLEONIC CONTINENTAL EUROPE. THERE IS NO APPEAL FROM A SCOTTISH COURT TO LONDON IN CRIMINAL CASES, THUS GIVING SCOTLAND AUTONOMY IN CRIMINAL LAW. SCOTTISH JUDGES ARE FREE TO MODIFY THE LAW SO AS TO ADAPT IT TO NEW AND DEVELOPING SITUATIONS. MUCH OF THE CRIMINAL LAW IS IN THE COMMON LAW, ALLOWING FLEXIBILITY TO THE COURTS AND JUDGES AS INTERPRETERS OF THE LAW. SCOTLAND HAS A HIGHLY CENTRALIZED SYSTEM OF PUBLIC PROSECUTION HEADED BY A LORD ADVOCATE AND HIS DEPUTY, THE SOLICITOR GENERAL. AT A LOCAL LEVEL, THERE IS A PROCURATOR FISCAL WHO MAKES THE DECISION TO PROSECUTE ALONG WITH THE CROWN COUNSEL. SEVERAL FEATURES OF THE SYSTEM ARE UNIQUE. FOR EXAMPLE, CORROBORATION OF THE ESSENTIAL FACTS OF ANY ALLEGED CRIME IS NECESSARY AND THERE MUST BE EVIDENCE FROM MORE THAN ONE SOURCE TO CONVICT A PERSON WHO CONFESSES. SCOTLAND ALSO HAS A UNIQUE JURY SYSTEM: A CRIMINAL JURY HAS 15 PERSONS SELECTED FROM THE VOTERS' ROLLS AND THERE IS NO PROLONGED BALLOTING OF JURORS AS IN THE UNITED STATES. MOREOVER, THE JURY, PROVIDED IT HAS HAD SUFFICIENT EVIDENCE, IS TREATED AS FINAL ON ALL QUESTIONS OF FACT. JUDGES ARE STRICTLY NONPOLITICAL AND GIVEN HIGH STATUS. THE ARTICLE CONCLUDES THAT THE MACHINERY FOR OPPRESSION AND INJUSTICE IS PRESENT IN SCOTLAND'S JUSTICE SYSTEM, BUT AT PRESENT IT PRODUCES A FAIR MEASURE OF JUSTICE. (MJW)