scholarly journals Is the Shrink's Role Shrinking? The Ambiguity of Federal Rule of Criminal Procedure 12.2 concerning Government Psychiatric Testimony in Negativing Cases

1999 ◽  
Vol 147 (6) ◽  
pp. 1403
Author(s):  
R. Gregory Cochran
Keyword(s):  
Criminal Procedure ◽  
Federal Rule

Liability for Wrongful Deprivation of Liberty: Malice and Police Privilege

2020 ◽  
Vol 24 (2) ◽  
pp. 175-201
Author(s):  
Elspeth Reid
Keyword(s):  
Police Officers ◽  
Criminal Procedure

Infringement of liberty has long been regarded as a delict which requires to be compensated, but public officers may in some circumstances be protected against liability where freedom has been “lawfully abridged” in conformity with the rules of criminal procedure. However, the boundaries of this form of privilege have not always been delineated with clarity. This article will argue that they remain unclear following the Outer House decision in Whitehouse v Gormley. In particular it questions the basis for requiring the pursuer to prove malice where a claim is made against police officers for unlawful detention or arrest.

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