4 - The courts
Published online by Cambridge University Press: 12 October 2009
Summary
… In 1752, James Stewart, Aucharn, was taken before the High court of Justiciary at Inverary, charged with being an accomplice in murder. The victim was Colin Campbell of Glenure.
The jury included Colin Campbell of Carwhin, Duncan Campbell of South Hall, James Campbell of Inveray, James Campbell of Rasheilly, James Campbell of Rudale, Colin Campbell of Skipness, Duncan Campbell of Glendaruel, Colin Campbell of Ederline, Neil Campbell of Duntroon, Archibald Campbell of Dale, Neil Campbell of Dunstafnage.
The jurors were picked from the list by the Bench, Archibald Campbell, Duke of Argyll, in his capacity as Lord Justice General, presided. James Stewart was hanged.
In his Collection of Celebrated Criminal Trials (1780), Hugo Arnot, advocate, allowed himself the comment:
This trial … points out the propriety of … alterations in the criminal law of Scotland: first that the prisoner should … have the power of challenging a certain number of jurors without cause assigned.
The right of peremptory challenge was brought in by Act of 1825. Yours faithfully,
Angus Stewart (Letter to The Times, June 19, 1984)This chapter divides court procedures into two broad areas: the trial and the sentence, in both cases focusing on descriptive and research material which is either of psychological interest in itself or continues from the two previous chapters the general question of bias in the criminal justice system against particular groups. The chapter concludes with the special case of the insanity defense.
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- The Psychology of CrimeA Social Science Textbook, pp. 105 - 136Publisher: Cambridge University PressPrint publication year: 1993