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The structure of defences in Scots criminal law
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Tadros, Victor (2003) The structure of defences in Scots criminal law. Edinburgh Law Review, 7 (1). pp. 60-79. doi:10.3366/elr.2003.7.1.60 ISSN 1364-9809.
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Official URL: http://dx.doi.org/10.3366/elr.2003.7.1.60
Abstract
One central pillar of scholarship about criminal defences concerns their structure. Three categories of defence are commonly recognised in the academic literature, and to a degree by the courts: capacity defences, justifications, and excuses. This article considers how defences should be structured and the impact that such a structure has on the content of legally recognised defences such as diminished responsibility, necessity, coercion, and provocation.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | Edinburgh Law Review | ||||
Publisher: | 1364-9809 | ||||
ISSN: | 1364-9809 | ||||
Official Date: | 2003 | ||||
Dates: |
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Volume: | 7 | ||||
Number: | 1 | ||||
Page Range: | pp. 60-79 | ||||
DOI: | 10.3366/elr.2003.7.1.60 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published |
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