Please use this identifier to cite or link to this item:
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: The corroboration requirement in Scottish criminal trials: should it be retained for some forms of problematic evidence?
Author(s): Davidson, Fraser P
Ferguson, Pamela R
Keywords: Evidence law
Issue Date: Jan-2014
Citation: Davidson FP & Ferguson PR (2014) The corroboration requirement in Scottish criminal trials: should it be retained for some forms of problematic evidence?. International Journal of Evidence and Proof, 18 (1), pp. 1-27.
Abstract: The merits of corroborated evidence in criminal trials have been hotly debated in many jurisdictions, with most having now abandoned this requirement. The Scottish government intends to do likewise—at a time when some other jurisdictions are considering its reintroduction. This article considers whether there is merit in retaining a corroboration requirement for two types of evidence, namely for visual identifications and extra-judicial confessions. It explores whether the introduction of a weighted jury majority, as the government proposes, can compensate for the problematic nature of such evidence. In respect of visual identification evidence, it is argued that any safeguard which corroboration might have provided has been weakened by the way in which the courts have developed the law. Alternative mechanisms for improving the quality of such evidence are assessed. In relation to confessions, the article argues that increasing the jury majority is a poor substitute for corroboration.
DOI Link: 10.1350/ijep.2014.18.1.439
Rights: The publisher does not allow this work to be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study.

Files in This Item:
File Description SizeFormat 
The_corroboration_requirement_in_Scottish_criminal_trials_Ferguson10.1350.ijep.2014.18.1.439.pdfFulltext - Published Version167.17 kBAdobe PDFUnder Permanent Embargo    Request a copy

Note: If any of the files in this item are currently embargoed, you can request a copy directly from the author by clicking the padlock icon above. However, this facility is dependent on the depositor still being contactable at their original email address.

This item is protected by original copyright

Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.

If you believe that any material held in STORRE infringes copyright, please contact providing details and we will remove the Work from public display in STORRE and investigate your claim.