not proven


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not proven

the verdict in a Scottish criminal trial that amounts to an acquittal but that is not the same as the verdict of NOT GUILTY. In the 17th century, practice developed such that the jury found facts alleged by the prosecution either proven or not proven, and it was then for the judge to convert this to an appropriate level of guilt. In 1728, however, a jury returned a verdict of not guilty, leaving thereafter three verdicts available. The consensus appears to be that the not proven verdict is available where there is insufficient evidence to convict but suspicion still attaches to the accused. Whether or not this is satisfactory is often debated.
References in periodicals archive ?
In July, a not proven verdict was returned in the cases of David McLean and Ryan Gilmour, who were accused of trying to murder two police officers in Glasgow with a 4x4 vehicle.
According to the public opinion, there has been a 27 percent decrease in the proportion of Pakistanis who say that most criminals are not proven guilty in Pakistani courts.
The findings for the four officers was that misconduct was not proven."
The "not proven" verdict prompted Mrs Graham to call for urgent reform to prevent further suffering: "We felt it was an easy way out for the jury."
Woods argued that the opposing counsel had not proven an "urgent need" to obtain Mahony's deposition for the case.
Celia Lose, spokeswoman for AFT, adds that voucher programs that exist already in various states have not proven successful in raising student achievement, according to various studies.
It is noteworthy that in the earlier periods, investigations and trials were more likely to end in execution while in mid-1571, at the peak of the trials studied here, many accused were banished ("not proven" verdicts) despite the extensive use of torture to elicit evidence.
"The main thing we've had to improve during development has been the thickness of the EVOH layer," says Karsch, "especially in high fuel flow areas where smoothness is important." Complex shapes have, so far, not proven to be a problem, and Karsch postulates there would be no problem making a tank with relatively sharp radii for a mid-size PZEV vehicle.
Trauma is an associated, although not proven, etiologic factor.
The internal construction of protective vests intended to absorb bullet impact without permitting penetration has not proven to be effective protection from stabbing attack.
By contrast, he said, "the case for mergers between large commercial banks and large insurance companies is not proven." One qualification, he added, was that such mergers might be possible between smaller players within emerging markets.
The observers claim that the Fisheries and Oceans (DFO) employees have "not proven they are reliable in their presentation of events and behaviour," although they (ARC) have had limited interaction with them (DFO).