The Scotch verdict, exclusive to Scottish criminal law, is a jury verdict that signifies “not proven.” It is akin to “not guilty,” but implies that the accused might still be guilty despite insufficient evidence to establish it. This verdict is no longer prevalent in the majority of legal systems.
In Scots criminal law, a Scotch verdict is a specific type of jury verdict. It is an outdated verdict that is essentially the same as “not guilty,” but it implies a lingering suspicion of guilt that remains unproven. This verdict is also referred to as “not proven.” Following the trial, the jury delivered a Scotch verdict, indicating that the defendant was not guilty, yet there remained a strong suspicion of their guilt. In Scotland, a defendant can be acquitted, convicted, or receive a Scotch verdict. These instances demonstrate the distinctiveness of a Scotch verdict, which is exclusively utilised in Scots criminal law. While it shares similarities with “not guilty,” it carries a more pronounced insinuation of guilt that lacks complete substantiation.
The Scotch Verdict refers to a legal principle in Scotland where a jury can return a verdict of “not proven” instead of “guilty” or “not guilty” in criminal cases.
When a jury returns a verdict of “not proven,” it means that they believe the accused is not guilty, but there is not enough evidence to prove their innocence beyond a reasonable doubt.
The “not guilty” verdict means that the jury has found the accused innocent and that there is no doubt about their innocence. On the other hand, the “not proven” verdict suggests that the accused is likely innocent, but there is still some doubt remaining.
No, the accused cannot be retried for the same offense after a “not proven” verdict. The principle of double jeopardy protects individuals from being tried twice for the same crime.
Yes, the Scotch Verdict is unique to Scotland and is not used in other legal systems. It is a distinct feature of Scottish criminal law.
A “not proven” verdict does not result in a criminal conviction, and therefore, it does not appear on the accused’s criminal record. It is as if the accused was never charged with the offense.
No, the prosecution cannot appeal a “not proven” verdict. Once the verdict is delivered, the case is considered closed, and the prosecution cannot challenge the jury’s decision.
Yes, there are criticisms of the Scotch Verdict. Some argue that it creates uncertainty and confusion in the legal system, as it is seen as a third option that blurs the line between guilt and innocence.
No, the jury is not required to provide an explanation for their verdict. They are only required to deliver a verdict of “guilty,” “not guilty,” or “not proven” based on the evidence presented during the trial.
The frequency of the Scotch Verdict varies from case to case. It is estimated that around 20% of criminal cases in Scotland result in a “not proven” verdict, while the majority of cases end with a “guilty” or “not guilty” verdict.
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This glossary post was last updated: 17th April 2024.
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