
Scotland’s Three Verdict System: a Look into “Not Proven”
If you ever find yourself in a Scottish court, you may be surprised to find that each trial can end one of three ways, instead of the traditional two-verdict system found in most courts around the world. In Scottish courts, there are three verdicts that can be called at the end of a trial: guilty, not guilty, and not proven. While there is no official definition of “not proven,” it is used instead of not guilty in cases where the jury cannot find enough evidence beyond a reasonable doubt to convict or acquit. The verdict of “not proven” comes from a historical Scottish criminal law practice in which the jury decided if each factual issue was adequately “proven” or “not proven.” Based on the jury’s findings, the judge would then determine if the proven facts were sufficient evidence to convict the defendant guilty of the criminal charge. In the 1700s, […]