Not proven: A term used exclusively in Scottish criminal law to indicate that the accused is not guilty, yet there remains a significant suspicion of guilt that has not been conclusively established. This antiquated phrase is also referred to as the Scotch verdict.
The verdict of “not proven” is a term used in Scots criminal law to indicate that the accused is not guilty, but there remains a strong suspicion of guilt that has not been fully proven. This verdict is considered outdated and is not utilised in other legal systems. For instance, in a murder trial, if the jury is unable to reach a verdict of guilty or not guilty, they may opt for a verdict of not proven. This outcome signifies that the accused is acquitted of the charge, yet there remains a lingering suspicion that they may have committed the crime. This example serves to demonstrate the application of the not proven verdict in a criminal trial, highlighting that the accused is not deemed guilty, but there persists an unproven suspicion of guilt. It is important to note that this verdict is specific to Scots law and is not employed in other legal systems.
– “Not proven” is a verdict available in some legal systems, such as Scotland, that means the evidence presented in a case is not sufficient to prove the defendant’s guilt beyond a reasonable doubt.
– No, “not proven” and “not guilty” are different verdicts. “Not guilty” means the defendant has been acquitted and found innocent, while “not proven” means the evidence was not sufficient to prove guilt but also not enough to prove innocence.
– In some legal systems, a defendant can be retried if the verdict is “not proven” because it does not carry the same double jeopardy protections as a “not guilty” verdict.
– The burden of proof in a “not proven” verdict is similar to that of a “not guilty” verdict, where the prosecution must prove the defendant’s guilt beyond a reasonable doubt.
– In some legal systems, a “not proven” verdict can be appealed by either the prosecution or the defence.
– A “not proven” verdict may still appear on a defendant’s criminal record and could potentially impact their reputation and future opportunities.
– Factors such as the strength of the evidence, witness testimony, and the credibility of the parties involved are considered in reaching a “not proven” verdict.
– Yes, a civil lawsuit can still be filed by the alleged victim or their family after a “not proven” verdict in a criminal case.
– A “not proven” verdict may be frustrating for the alleged victim, as it does not provide the closure of a guilty verdict and may leave them feeling that justice has not been served.
– No, the “not proven” verdict is unique to the Scottish legal system and is not commonly used in other jurisdictions.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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