Pamela R. Ferguson

Testing a drug during labour: The experiences of women who participated in a clinical trial

Interviews were conducted with 104 patients who had participated in medical research involving pharmaceutical drugs. All patients were asked about the amount of information they had been given prior to being invited to participate, and about their understanding of, and satisfaction with, that information. Patients were also invited to comment on their reasons for having agreed to take part in medical research. Each had participated in one of 14 different drug studies. One of these studies involved a drug that was being used for the first time during labour. When analysing these data, it became apparent to the author that responses from some of those involved in the labour drug study were different from those of patients who had participated in the other studies. This paper compares the views of the 26 patients in the labour study with those of the 78 other patients. The women in the labour trial were generally less satisfied than patients in the comparative sample with the information which they had been given, and reported lower levels of understanding of that information. They had asked fewer questions about their study and reported lower levels of satisfaction with the answers they had received to those questions. This raises concerns as to whether the consent to participation given by women in the labour trial was in all cases fully informed. This in turn suggests the possibility of a gender bias in fulfilling ethical obligations in medical research.

The Corroboration Requirement in Scottish Criminal Trials: Should it Be Retained for Some Forms of Problematic Evidence?

The merits of corroborated evidence in criminal trials have been hotly debated in many jurisdictions, with most having now abandoned this requirement. The Scottish government intends to do likewise—at a time when some other jurisdictions are considering its reintroduction. This article considers whether there is merit in retaining a corroboration requirement for two types of evidence, namely for visual identifications and extra-judicial confessions. It explores whether the introduction of a weighted jury majority, as the government proposes, can compensate for the problematic nature of such evidence. In respect of visual identification evidence, it is argued that any safeguard which corroboration might have provided has been weakened by the way in which the courts have developed the law. Alternative mechanisms for improving the quality of such evidence are assessed. In relation to confessions, the article argues that increasing the jury majority is a poor substitute for corroboration.

The Criminal Jury in England and Scotland: The Confidentiality Principle and the Investigation of Impropriety

The confidentiality of jury deliberations in British criminal trials is maintained by common law rules, as well as by statute. As a result, relatively little is known about how juries actually behave. The article describes and assesses the confidentiality principle, as it operates in both English and Scots law. The courts presume that juries conduct themselves properly, in the manner of an ‘ideal’ or ‘model’ jury. This presumption of propriety and the features of the ‘model jury’ are described, as are the various ways in which actual juries can, and do, fall short of the ideal. The article concludes that the confidentiality principle prevents the courts from conducting appropriate investigation into allegations of jury misbehaviour, and that it is time to end the secrecy surrounding jury deliberations. Various options for reform are considered.

Breach of the peace

Critiques the common-law crime of breach of the peace in Scots law Despite the number of prosecutions, and the appeal courts attempts to narrow its ambit in recent years, breach of the peace remains ill-defined in Scotland. Describing its development from the mid-19th century to the present day, Pamela Ferguson criticises the breach of the peace on several fronts. Ferguson also considers related statutory offences, such as those created by the Criminal Justice and Licensing (Scotland) Act 2010 and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012, and considers how effective these new offences have been at supplanting the common-law crime.

Breach of the Peace and the European Convention on Human Rights

The enactment of the Human Rights Act 1998 necessitates a reassessment of fundamental common law crimes. This paper describes one of the most commonly prosecuted of crimes, namely “breach of the peace”, and argues that it is not defined with sufficient precision to conform to the requirements of the European Convention on Human Rights.