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.
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And in June, William Barclay got a not proven verdict at the High Court in Edinburgh when he was accused of attempting to kill Mark Bristow in a gangland attack.
Third option for jury in dock
Rudolf said: "I'd like to see Scotland's not proven verdict reflected in US law.
Scotland has a third way. And it's a good way. It would help US courts.. and it would have helped a husband wrongfully accused of murder; AMERICAN LAWYER AT CENTRE OF GRIPPING TVDOCUMENTARY HAILS NOT PROVEN VERDICTS
Though in another life I do work occasionally as a criminal lawyer, and have done a few trials in my time, and have actually had a couple of, ahem, Not Proven verdicts.
MSP's verdict scrap plea is a bit illegitimate
Labour MSP Michael McMahon plans to introduce a Member's Bill in the Scottish Parliament this year to scrap the not proven verdict.
When jury came back I thought the verdict would be guilty.. I'm so relieved and want my family to know I didn't kill my mum. FURY AS SON CLEARED OF MURDERING MOTHER
Criminal justice expert Professor Peter Duff, of Aberdeen University, who wants the not proven verdict abolished, said: "The main difficulty in sexual offences is that juries don't believe the complainer or are reluctant to convict primarily on the complainer's word.
A PROVEN DISGRACE; Accused of 29 charges including serious violence and horrific sexual brutality this animal was convicted of just three and will be back on the streets in months. Today, his brave victims say Scotland's failure to convict him and men like him puts our justice system in the dock
Auld's acquittal of the 19-year-old drama student's murder sparked a national debate about the not proven verdict but a campaign to have it scrapped was unsuccessful.
Sorry?You're not sorry at all; Mr Auld, we're the Sorry to trouble you.. Amanda suspect whines as new probe escalates*
There were gasps from the public gallery as George Johnstone, 43, was told by the jury at the High Court in Glasgow that they had decided on a not proven verdict.
NO JUSTICE; Murdered hooker's family fury at not proven jury verdict
We should have included a comment from the General Teaching Council for Scotland who believed one of his alleged victims had been raped despite Boyle's trial ending in a not proven verdict.
For the record
The 40-year-old mum wept and said: "Thank you so much," to the jury, who acquitted her on a not proven verdict of murdering one-year-old Alexander Graham.
IN THE CLEAR; Sitter didn't kill baby Alex
But after a 22-day hearing, a jury returned a not proven verdict.
Mum's body has never been found
He served five years before being cleared on a not proven verdict at a retrial, ordered after judges ruled he was not properly represented at the first.
Sex case teacher's new fight for his job
As babysitter Tina McLeod thanked the jury for her freedom by the cruel default of a not proven verdict, the Graham's were hit with a sense of betrayal in the justice system.
The Scottish justice system failed us, it didn't support us.. it victimised us further; TOT DEATH PARENTS' ANGUISH

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