The GULS Law Review

Getting you through the GU law degree!

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Blog posts : "Criminal"

In Scotland, no inference may be drawn at trial from the fact that a suspect refused to answer questions put to him or her by the police. Should this rule be changed?

In this essay, Nicole Hannah (4th year LL.B ) discusses the recent Lord Carloway review, and whether the right to silence ought to be qualified to allow adverse inferences to be drawn from a suspect's silence during police questioning. 

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“In Scotland, no adverse inference may be drawn at trial from the fact that a suspect refused to answer questions put to him or her by the police. Should this rule be changed?”

In this article, Ikra Bhatti (4th year LLB) discusses the rationales for the privilege against self-incrimination and argues that it may be worthwhile to reform the current position and allow adverse inferences to be drawn from a suspects refusal to answer questions put to them.


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In Scotland, no inference may be drawn at trial from the fact that suspect refused to answer questions put to him or her by the police. Should this rule be changed?

In this article, 4th year LLB student and Commercial Law sub-editor Sarah Drummond discusses the right to silence in Scotland and whether or not we should draw adverse inferences from the exercise of this right. 

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Re-evaluating the right to silence in Scotland; is there a case for a qualified right?

In this article, Emma-Jayne Scullion (4th year LLB) critiques the Carloway Review's rejection on allowing adverse inferences to be drawn from a suspect's silence in criminal investigations. The pierce seeks to dissect and rebut the reasons given in the Review for upholding an unqualified right to silence, making the case that such an absolute right is more of a sword than a shield...

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Nein heißt jetzt wirklich Nein - Finally No means No

In this essay, Julia Bambach (4th year LLB Law and Business) analyses the development of the criminalisation of rape under German law.

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The Man, The Monster and The Media: a critical analysis of the Glasgow Bin Lorry Crash

 In this article, Christopher Rae (fourth year LLB student) discusses the legal perspective of the Glasgow Bin Lorry Crash 2015...

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The tyranny of the status quo: rethinking reform in the Scottish criminal justice system

In this article, Peter McEwan (Diploma in Professional Legal Practice) explores the Scottish Criminal Justice System and the way it deals with dock identification while drawing comparisons from other adversarial jurisdictions...

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Deficiencies in response to immunodeficiency: Criminal Law and HIV

Since 2001 there has been a turn to the criminal law in an attempt to tackle the public health problem of the transmission of Human Immunodeficiency virus (HIV). This has led to great debates between legal professionals, HIV organisations and medical professionals. This article seeks to evaluate this approach and suggests tht criminal law intervention is neither effective nor appropriate in tackling the issue of HIV.

Eilidh Smith is a 4th Year LLB student and is sub-editor for the Criminal Law portion of the Law Review.

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The Drawbacks Of An Adversarial Legal System

Paul Sanders, Second Year LLB, raises some of the drawbacks of an adversarial legal system.

The Scottish criminal justice system is adversarial in nature, a system shared by many common law legal systems around the world. The Free Dictionary defines the adversarial system as one where ‘two or…

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Stand Your Ground Laws: Strict in Theory, Fatal in Fact


Justin Curcio, visiting student from St. John’s University, New York discusses the real world application of the controversial Stand Your Ground Laws



 In 2005, Florida codified its common law self-defense doctrine, commonly referred to as The Stand Your Ground …

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Is it Really Punishment: A Scandinavian Perspective

In debates preceding the Independence Referendum there was some discussion of how our criminal justice system would change if we voted Yes. This article discusses the ways in which politicians looked to the “Scandinavian way” in particular as a model on which we could build our new society. 

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The law is changing, but is it helping victims of rape?


This article evaluates the effectiveness of the Sexual Offences (Scotland) Act 2009 and consequent legislation in protecting the victims of rape. 

Written by Clare McDevitt, second year LLB and sub-editor of the Criminal law section of the Review



 The current Sexual Offences (Scotla…

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Professional Juries: Veritas or Vocation?

Written by Simone Farrer (2nd year LLB)

A strong title this may be, but one which will hopefully spark debate. Trial by jury is an intrinsic part of our justice system, capable of determining people's liberties, and ultimately impacting on the rest of their lives. This tradition of trial by jury …

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Corroboration: to be or not to be?

Written by Sanah Idrees (2nd Year LLB)


Corroboration has been a requirement in Scots law for centuries and has been as fundamental pillar in criminal law in terms of evidence. It is the need for evidence in criminal trials to come from two different and independent sources in order for a verdic…

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Going Dutch? Drugs Policy in the UK and the Netherlands

Written by Jamie Hilland (4th year LLB)

As both a resident and a law student, the six months I spent in Maastricht provided a fascinating insight into the famously liberal Dutch policy towards drugs. In a prohibitionist international context, the Netherlands’ approach continues to attract substan…

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‘The Murder Trial’ and Cameras In Court: is it ok if it’s boring?


Written by Beverley Addison (4th Year LLB)

When I first saw the advertisement for the recent showing of ‘The Murder Trial’ on Channel 4 I was excited at the idea of the media finally reflecting an accurate criminal trial to the masses. Many of those somewhat interested in the legal world are …

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16 blog posts