Not proven - Citizendia

Criminal procedure

Criminal trials and convictions

Rights of the accused
Fair trial · Speedy trial · Jury trial
Counsel · Presumption of innocence
Exclusionary rule (U.S.)
Self-incrimination · Double jeopardy (Not E&W)
Verdict
Acquittal · Conviction
Not proven (Scot.) · Directed verdict
Sentencing
Mandatory · Suspended · Custodial
Dangerous offender (Can., E&W)
Capital punishment · Execution warrant
Cruel and unusual punishment
Post-conviction events
Parole · Probation
Tariff (UK) · Life licence (UK)
Miscarriage of justice
Exoneration · Pardon
Related areas of law
Criminal defenses
Criminal law · Evidence
Civil procedure
Portals: Law · Criminal justice

Not proven is a verdict available to a court in Scotland. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. The rights of the accused is a class of rights that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted The right to fair trial is an essential right in all countries respecting the Rule of law. Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings Right to counsel is nowadays generally regarded as a constituent of the Right to a fair trial, allowing for the defendant to be assisted by counsel (i The presumption of innocence being innocent until proven guilty is a legal Right that the Accused in Criminal trials has The exclusionary rule is a legal principle in the United States, under constitutional law, that holds that evidence collected or analyzed in violation of Courts of the United States may refer both to the United States federal courts, which operate under the authority of the United States Constitution Self-incrimination is the act of accusing oneself of a Crime for which a person can then be Prosecuted. Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England In Law, a verdict is the formal finding of fact made by a Jury on matters or questions submitted to the jury by a judge In Criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. The civil, criminal and heraldic Courts of Scotland are responsible for the administration of Justice. In Law, a directed Verdict is ruling by a Judge presiding over a Jury trial typically made after the plaintiff has presented all of her evidence In Law, a sentence forms the final act of a Judge -ruled process and also the symbolic principal act connected to his function A mandatory sentence is a court decision setting where Judicial discretion is limited by Law. A suspended sentence is a legal construct Unless a minimum punishment is prescribed by law the Court has the power to suspend the passing of sentence (generally A custodial sentence is a judicial sentence imposing a punishment (and hence the resulting punishment itself consisting of mandatory custody of the convict either in prison In Canada, England and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer or indefinite term of imprisonment The court system of Canada is made up of many Courts differing in levels of legal superiority and separated by jurisdiction Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. An execution warrant or death warrant is a warrant which authorizes the execution of a judgment of death ( Capital punishment) on an individual Parole may have different meanings depending on the field and judiciary system Probation is the suspension of all or part of a jail sentence the Criminal who is "on probation" has been convicted of a crime but instead of serving jail Under the criminal law of England and Wales, a tariff is the minimum period that a person serving an indefinite Prison sentence must serve before that person becomes The United Kingdom does not have a single unified Judicial system, but separate judicial systems serving England and Wales, Scotland and Northern In the British criminal justice system a life licence specifies the conditions under which a prisoner sentenced to life in jail may be released The United Kingdom does not have a single unified Judicial system, but separate judicial systems serving England and Wales, Scotland and Northern Exoneration occurs when a person who has been convicted of a Crime is later proved to have been innocent of that crime A pardon is the forgiveness of a crime and the penalty associated with it The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to In Law, a verdict is the formal finding of fact made by a Jury on matters or questions submitted to the jury by a judge The civil, criminal and heraldic Courts of Scotland are responsible for the administration of Justice. Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain.

Under Scots law, a criminal trial may end in one of three verdicts: one of conviction ("proven") and two of acquittal ("not proven" and "not guilty"). Scots law is a unique legal system with an ancient basis in Roman law. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. In Criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict Historically, the two verdicts available to Scots juries were that the case had been "proven" or "not proven". A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them However in a dramatic case in 1728 the jury asserted "its ancient right" to bring in a "not guilty" verdict even when the facts of the case were proven (see jury nullification). Year 1728 ( MDCCXXVIII) was a Leap year starting on Thursday (link will display the full calendar of the Gregorian calendar (or a Jury nullification means making a law void by jury decision in other words "the process whereby a jury in a criminal case effectively nullifies a law by acquitting a defendant regardless As the "not guilty" verdict gained wide acceptance amongst Scots juries, Scots began to use "not guilty" in cases where the jury felt the "not proven" verdict did not adequately express the innocence of the defendant. Shrewd defence then further encouraged this interpretation in order to persuade juries unwilling to bring in a "not guilty" verdict that the "not proven" could be brought in as a lesser or "third verdict".

The result is the modern perception that the "not proven" verdict is an acquittal used when the judge or jury does not have enough evidence to convict but is not sufficiently convinced of the defendant's innocence to bring in a "not guilty" verdict. In Criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict A judge, or justice, is an Official who presides over a Court of law A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. Essentially, the judge or jury is unconvinced that the suspect is innocent, but has insufficient evidence to the contrary. However technically under Scots law (though not in the perception of the public) there is no difference between "not proven" and "not guilty" and both are equivalent to the "Not Guilty" verdict of English Law and of other jurisdictions. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the

Out of the country, the "not proven" verdict may be referred to as the Scottish Verdict or the Scotch Verdict, although in Scotland itself it may be referred to colloquially as the bastard verdict,^[1] which was a term coined by Sir Walter Scott, who himself was sheriff in the court of Selkirk. Sir Walter Scott 1st Baronet (15 August 1771 &ndash 21 September 1832 was a prolific Scottish Historical novelist and Poet popular throughout Selkirk, a town and former Royal burgh in the Scottish Borders, lies on the River Ettrick, a tributary of the River Tweed.

1 History
- 1.1 Not guilty
2 Modern use
3 Reform
4 Use in other jurisdictions
5 Analogy to science
6 References
7 See also
- 7.1 Cases

History

The not proven verdict was established in Scots law by 1728 (since then juries have been able to pass a not guilty verdict) but scholars dispute its origins. Year 1728 ( MDCCXXVIII) was a Leap year starting on Thursday (link will display the full calendar of the Gregorian calendar (or a In Criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict

On one account, advanced two hundred years ago by the historians Hume and Arnot, the third and distinctively Scottish verdict was rooted in religious oppression. The Crown persecuted the Covenanters but popular support made it impossible to convict them in a jury trial. The Covenanters formed an important movement in the religion and politics of Scotland in the 17th century To pare the power of the jury, the Scottish judges began restricting the jury's role: no longer would the jury announce whether the defendant was "guilty" or "not guilty"; instead it would decide whether specific factual allegations were "proven" or "not proven"; and the judge would then decide whether to convict. Some historians, however, such as Ian Douglas Willock, have rejected the traditional account.

Not guilty

In a notable trial in 1728, a defence lawyer (Robert Dundas) persuaded a jury to reassert its ancient right of acquitting, of finding a defendant "not guilty". Year 1728 ( MDCCXXVIII) was a Leap year starting on Thursday (link will display the full calendar of the Gregorian calendar (or a Robert Dundas Lord Arniston, the elder (1685 &ndash 1753 was a Scottish judge The case involved Carnegie of Finhaven who had accidentally killed the Earl of Strathmore. Carnegie of Finhaven is famous for his trial for the murder of Charles Lyon 6th Earl of Strathmore and Kinghorne which resulted in the Not guilty verdict becoming Charles Lyon 6th Earl of Strathmore and Kinghorne (c1699 &ndash 11 May 1728) was a Scottish peer and the son of John Lyon 4th Earl of Strathmore As the defendant had undoubtedly killed the Earl, the law (as it stood) required the jury merely to look at the facts and pass a verdict of "proven" or "not proven" depending on whether they believed the facts proved the defendant had killed the Earl. However if the jury brought in a "proven" they would in effect cause this innocent man to hang. To avert this injustice, the jury decided to assert what it believed to be their "ancient right" to judge the whole case and not just the facts, and brought in the verdict of "not guilty".

The (re)introduction of the "not guilty" verdict was part of a wider movement during the 16th and 17th century which saw a gradual increase in the power of juries, such as the trial of William Penn in 1670, in which an English jury first gained the right to pass a verdict contrary to the law (known as jury nullification). William Penn ( October 14, 1644 – July 30, 1718) was founder and "Absolute Proprietor" of the Province of Pennsylvania, Jury nullification means making a law void by jury decision in other words "the process whereby a jury in a criminal case effectively nullifies a law by acquitting a defendant regardless

Although jurors continued to use both "not guilty and "not proven", jurors tended to favour the "not guilty" verdict over the "not proven" and the interpretation changed.

Modern use

In modern use, the not proven verdict is used when the jury does not believe the case has been proven against the defendant but is not sufficiently convinced of their innocence to bring in a not guilty verdict. This perception is reflected in the popular paraphrase of "not proven" as meaning "not guilty, but don't do it again". A person receiving a not proven verdict is not fined or imprisoned, and is not subject to double jeopardy. Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India The real effect of a not proven verdict is stigma for the acquitted person. Social stigma is severe social disapproval of personal characteristics or Beliefs that are against cultural norms. The verdict can tarnish a person's reputation, as when socialite Madeleine Smith was charged with murder in nineteenth century Glasgow but acquitted with a not proven verdict. A socialite is a person who is known to be a part of fashionable Society because of his or her regular participation in social activities and fondness for spending a significant Madeleine Hamilton Smith (1835&ndashc 1920 was a 19th century Glasgow Socialite who was the defendant in a sensational murder trial in Scotland Glasgow (ˈglæzgoʊ is the largest city in Scotland and third most populous in the United Kingdom

Reform

In recent years there have been repeated calls for reform most arguing for a move to only two verdicts. However there are several issues and no consensus:

Many favour the "proven" verdict as it directs the jury to look at the evidence and to err on the side of the defendant if there is any doubt.
Because the "not proven" verdict carries with it an implication of guilt but no formal conviction, the defendant is legally innocent but often seen as morally guilty without the option of a retrial to clear their name.
Many Scottish jurors (through TV etc. ) are more familiar with the English/US verdicts of "guilty"/"not guilty" than "proven"/"not proven".
The removal of the "not guilty" verdict would in effect force Scots juries to pass a verdict based solely on the facts thus denying them their right to jury nullification (ironically placing Scots jurors back in a similar position to that which originally forced the development of the three verdicts). Jury nullification means making a law void by jury decision in other words "the process whereby a jury in a criminal case effectively nullifies a law by acquitting a defendant regardless

Use in other jurisdictions

The Scottish verdict has not been permanently adopted outside its home country, but it was sometimes used in colonial Canada, especially by some judges in southwestern Ontario. New France under British Rule See also Province of Quebec (1763-1791 In North America Seven Years' War officially ended with the signing of the Ontario (ɒnˈtɛrioʊ is a province located in the central part of Canada, the largest by population and second largest after Quebec Its most famous use outside of Scottish law came when Senator Arlen Specter tried to vote "not proven" on an article of impeachment of Bill Clinton^[2] (see Lewinsky scandal), and when, at the O.J. Simpson murder case, various reformers, including Fred Goldman, Ron Goldman's father, pushed for a change to "not proven" because of what they felt was an incorrect presumption of innocence on the part of Simpson. The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives Arlen Specter (born February 12 1930) is the senior United States Senator from Pennsylvania and a member of the Republican Party Former President of the United States Bill Clinton was impeached by the House of Representatives on December 19, 1998 The Lewinsky scandal was a political Sex scandal emerging from a sexual relationship between United States President Bill Clinton and a then The O J Simpson murder case was a highly publicized US Criminal trial in which O Ronald Lyle Goldman ( July 2, 1968 June 12, 1994) was Killed in Los Angeles California, along with Nicole The presumption of innocence being innocent until proven guilty is a legal Right that the Accused in Criminal trials has ^[3]

A recent proposal to introduce the not proven verdict into the United States is:

Samuel Bray, "Not Proven: Introducing a Third Verdict", 72 U. The United States of America —commonly referred to as the Chi. L. Rev. 1299 (2005).

Analogy to science

The "not proven" verdict has been used in popular writing (as by Carl Sagan) as a metaphor for the operation of the scientific method, in which conclusions are never certain, but the most that can be said about a theory is what the preponderance of the evidence suggests. Carl Edward Sagan ( November 9 1934 &ndash December 20 1996) was an American Astronomer, astrochemist, author Metaphor (from the Greek: μεταφορά - metaphora, meaning "transfer" is language that directly compares seemingly unrelated subjects Scientific method refers to bodies of Techniques for investigating phenomena Burden of proof (onus probandi is the obligation to prove Allegations which are presented in a Legal action.

References

^ Scotsman.com "Bastard Verdict"
^ Specter, Arlen (1999-02-12). Year 1999 ( MCMXCIX) was a Common year starting on Friday (link will display full 1999 Gregorian calendar) Events 1429 - English Forces under Sir John Fastolf defend a supply convoy carrying rations to the army besieging Orleans from attack by the Sen. Specter's closed-door impeachment statement. CNN. Retrieved on 2008-03-13. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1138 - Cardinal Gregorio Conti is elected Antipope as Victor IV, succeeding Anacletus II. “My position in the matter is that the case has not been proved. I have gone back to Scottish law where there are three verdicts: guilty, not guilty, and not proved. I am not prepared to say on this record that President Clinton is not guilty. But I am certainly not prepared to say that he is guilty. There are precedents for a Senator voting present. I hope that I will be accorded the opportunity to vote not proved in this case. [. . . ] But on this record, the proofs are not present. Juries in criminal cases under the laws of Scotland have three possible verdicts: guilty, not guilty, not proven. Given the option in this trial, I suspect that many Senators would choose 'not proven' instead of 'not guilty'. That is my verdict: not proven. The President has dodged perjury by calculated evasion and poor interrogation. Obstruction of justice fails by gaps in the proofs. ”
^ Public Broadcasting "The O.J. Verdict"

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