Jury Directions in Rape Trials in Scotland

Callander, Isla

doi:10.3366/elr.2016.0324

Cited by 5 publications

(5 citation statements)

References 3 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…when the offending concerned that such directions are designed to increase conviction rates for sexual offences/domestic abuse and to advance a particular political agenda. For analysis see Callander (2016). 107.…”

Section: Discussionmentioning

confidence: 99%

“…288DA and 288DB into the Criminal Procedure (Scotland) Act 1995), however there is likely to be resistance to the creation of further statutory directions, including from those who are concerned that such directions are designed to increase conviction rates for sexual offences/domestic abuse and to advance a particular political agenda. For analysis see Callander (2016).…”

mentioning

confidence: 99%

See 1 more Smart Citation

The Moorov doctrine and coercive control: Proving a ‘course of behaviour’ under s. 1 of the Domestic Abuse (Scotland) Act 2018

Cairns

2020

The International Journal of Evidence & Proof

View full text Add to dashboard Cite

In 2019, a distinct offence of ‘abusive behaviour towards partner or ex-partner’ (‘domestic abuse’) came into force in Scotland via s. 1 of the Domestic Abuse (Scotland) Act 2018. This new offence has been celebrated for its meaningful incorporation of the concept of coercive control (Evan Stark has described the 2018 Act as ‘gold standard’ legislation) and may serve as a model for other jurisdictions looking to criminalise coercive and controlling behaviours. The practical effectiveness of the offence in Scotland, however, will hinge on how Scotland’s corroboration rule, and the accompanying Moorov doctrine (‘ Moorov’), are applied in this context. Drawing both on recent doctrinal developments and on a conceptual understanding of the dynamics of coercive control, this article offers the first in-depth analysis of how Moorov is likely to apply in s. 1 cases. It identifies developments that are likely to assist the prosecution, as well as potential barriers to the doctrine’s successful application, and argues that in certain cases judges and jurors will have difficulty seeing the ‘course of conduct’ required by Moorov without proper understanding of the policy underpinning the Act and the gendered nature of domestic abuse. The article considers how this understanding may be brought about, both within the confines of the current law and in terms of possible reform.

show abstract

Section: Discussionmentioning

confidence: 99%

mentioning

confidence: 99%

The Moorov doctrine and coercive control: Proving a ‘course of behaviour’ under s. 1 of the Domestic Abuse (Scotland) Act 2018

Cairns

2020

The International Journal of Evidence & Proof

View full text Add to dashboard Cite

show abstract

“…Before the introduction of the Act, Callander noted the importance of the form of jury directions. Relying on the work of Temkin in the context of sexual assault, she highlighted that jury directions have been shown to be effective where they are clear, unambiguous and simple in terms of syntax and vocabulary (Callander 2016). Again, relying on the work of Temkin, she noted the risk that jury directions, if executed poorly, can counterproductively highlight the false belief they are trying to challenge (Callander 2016).…”

Section: Jury Directionsmentioning

confidence: 99%

Reforming the Landscape for Women who Kill their Abusers in Scotland

McPherson

2024

Int J for Crime, Justice & Social Democracy

View full text Add to dashboard Cite

Using Scotland as a case study, this paper identifies key areas in which there could be potential reform for women who kill their abusive partners. The study focuses on two particular areas: the use of specialised courts and the use of expert evidence on coercive control. The paper concludes that there exist multiple avenues of reform with the potential to improve women’s experiences of the criminal justice system. However, for these to be utilised, there must be clear recognition that cases of this type are domestic abuse cases. As such, they should be considered firmly within current national domestic abuse policy rather than continuing to sit outside existing frameworks.

show abstract

“…69 These sorts of changes have been celebrated, 70 but as Isla Callander has pointed out, the effectiveness of such directions depends on a number of other factors, such as the judge's effective wording and delivery of the direction; and the scope of the directions themselves. 71 In Scotland, the directions warning against assumptions about veracity only refer to delayed reporting and a lack of physical resistance or force, 72 but not to emotional demeanour or clothing. Given what we know from Ellison and Munro's research in England and Wales about the impact of a complainant's appearance and demeanour on (mock) jury decision-making and the outcomes of (mock) trials, i.e.…”

Section: B the Scottish Context: Sexual Assault Reforms Facts And Fmentioning

confidence: 99%

Sense and Sensibilities: A Feminist Critique of Legal Interventions against Sexual Violence

Cowan

2019

Edinburgh Law Review

View full text Add to dashboard Cite

Feminists have spent decades trying to reform laws and evidential procedures relating to sexual assault. Using the current Scottish context as a case study, I will argue that while efforts to reform the text of the substantive as well as evidential and procedural aspects of the law have been largely successful, in practice the impact of these reforms has not always been felt. Drawing on contemporary examples from Scotland, and setting these within the broader context of similar problems and arguments in other jurisdictions such as England and Wales, Australia and Canada, I will examine the ways in which the ‘laws on the books’ have not always translated smoothly through to ‘law in action’. The aim is to highlight an ongoing failure on the part of those charged with applying the law (judges, legal professionals, juries) to do so appropriately, raising the question of whether it makes sense for feminist scholars to try to engage with what seems like the entrenched ‘sensibilities’ of criminal law. It may well be that the contemporary battle ground is not over legal territory as such, but over whose voices are heard in public debates on sexual violence. Ultimately, I argue that our all too frequent failures to punish sexual violence in a meaningful way suggests that we need to think again about how we deal with issues of sexual violence in contemporary society.

show abstract

Jury Directions in Rape Trials in Scotland

Cited by 5 publications

References 3 publications

The Moorov doctrine and coercive control: Proving a ‘course of behaviour’ under s. 1 of the Domestic Abuse (Scotland) Act 2018

The Moorov doctrine and coercive control: Proving a ‘course of behaviour’ under s. 1 of the Domestic Abuse (Scotland) Act 2018

Reforming the Landscape for Women who Kill their Abusers in Scotland

Sense and Sensibilities: A Feminist Critique of Legal Interventions against Sexual Violence

Contact Info

Product

Resources

About