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Not Proven Verdict (Read 109649 times)
fiona
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Not Proven Verdict
Apr 10th, 2003 at 8:51am
 
Hi all,

I am an Australian law student seeking information for my thesis on the Scottish Not Proven Verdict. I was wondering:

1) What your opinions are re Not Proven Verdict (advs & disadvs etc)

2) Where I could obtain further information re the not proven verdict.

Any feedback/information would be greatly appreciated.

Thanks  Wink
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scottishlaw
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Re: Not Proven Verdict
Reply #1 - Apr 11th, 2003 at 4:37am
 
more info and history here:

http://www.siliconglen.com/Scotland/1_8.html

and more info here (look under "verdicts":

http://www.ltb.org.uk/criminalprocsummary.cfm

You'll probably get more info on US sites such as CNN when they covered Lockerbie. 

I hope this is quite a short thesis that you're writing?
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scottishlaw
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Re: Not Proven Verdict
Reply #2 - Apr 11th, 2003 at 4:52am
 
According to that first link above - Not Guilty is the new verdict - originally the verdicts were Proven and Not Proven.  Its existense starts to appear more logical and makes more a lot more sense when you look at it that way.  It also takes some of the slur off the acquitted person whose verdict was Not Proven rather than Not Guilty.

In reality, criminal cases have b*gger all to do with who actually did the crime and more to do with who's counsel manages to convince the judge that they have proven their case.

So if you're getting rid of any verdict you should get rid of Not Guilty or at least rename it to "Not Guilty in the eyes of the law of the charges that were brought before the court" to make it clear that that was all that the court was being asked to decide.

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jl1985
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Re: Not Proven Verdict
Reply #3 - Apr 12th, 2003 at 5:52am
 
If u have access to Scottish journal articles then try Jur.Rev 1996,1,1 - (1993) 196 SCOLAG 5 - S.L.G. 1999, 67(4), 158 - N.L.J., 1993, 143(6601), 753 - Crim.L.B., 1995, 13(Feb),11 - I.L.P. 1998, 13(2),49.
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JMAB
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Re: Not Proven Verdict
Reply #4 - Sep 19th, 2003 at 8:27pm
 
Hello, and thanks for this helpful forum... Smiley

I'm working on a note for a law journal in the States, and the
Not Proven
verdict is central to it.  If there are any other sources out there anyone can suggest, it would be greatly appreciated. 

Believe it or not, the verdict has found its way (in very small doses) into the American system of justice...  If you'd like to know more, lemme know...
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agnes hewitt
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Re: Not Proven Verdict
Reply #5 - Sep 1st, 2004 at 3:51am
 
please contact me as i have articles that may be of interest to you.
                          agnes
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Re: Not Proven Verdict
Reply #6 - Apr 8th, 2005 at 9:41pm
 
Hi all, I was wondering what the Scottish "burden of proof" was. In English criminal law it's to "prove beyond all reasonable doubt" with the verdict being guilty or not guilty.
I know Scottish legal history has a mixture of continental
influence as well as English common law, and was wondering if your criminal "burden of proof" might be similar to our civil law proceedures where the burden of proof is "in the balance of all probability" or similar wording.?
kind regards
DT
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Pixie
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Re: Not Proven Verdict
Reply #7 - Apr 9th, 2005 at 3:47am
 
It is the same burdens of proof used in Scots Law as it is in English. Beyond reasonable doubt in criminal, balance of probablities in civil.
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Re: Not Proven Verdict
Reply #8 - Apr 9th, 2005 at 7:13pm
 
Thanks for that Bear.
I must say it does seem rather strange really.
"not proven" as a verdict against a burden of "beyond all reasonable doubt"  Shocked

Almost not a trial but an inquisition or investigation really
in my view anyway.
regards
DT
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Laura
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Re: Not Proven Verdict
Reply #9 - Jun 7th, 2005 at 9:50pm
 
Can you help?

I'm a journalist at BBC Radio Scotland, and I'm putting together a piece on the Not Proven verdict for a radio programme.

I'm hoping to interview someone who has been acquitted with the Not proven verdict, and would be prepared to go on tape.

If you know of anyone, could you ask them to contact the Scotland Live office on 0141 338 2978.

It's a long shot, but thanks in advance.
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JMAB
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Re: Not Proven Verdict
Reply #10 - Dec 21st, 2005 at 7:10pm
 
Hello All,

A few years later (!) and I'm returning to this site to include a citation to my note on the not proven verdict, entitled Scotland's Bast.ard Verdict: Intermediacy and the Unique Three-Verdict System, which was selected for publication.  If you have access to LexisNexis or another database, you can find it published in the Indiana International & Comparative Law Review, at 15 Ind. Int'l & Comp. L. Rev. 543.  If you can't get ahold of it but are interested, let me know and I can send you a .pdf file.  (I just ask to be cited if you use it in a writing of your own.)

Sincere thanks for the input/leads I got from Scottishlaw.org.

--Joe Barbato
jmab@juno.com
Judicial Law Clerk
Indiana Court of Appeals
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Annette
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Re: Not Proven Verdict
Reply #11 - Jan 6th, 2006 at 11:30pm
 
I like the Not Proven Verdict.

It's like saying, we know perfectly well you did it, but we just can't prove it.

However, the recipient of this verdict, never walked away free in the normal sense, as this would always hang over his or her head.
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Re: Not Proven Verdict
Reply #12 - Jan 6th, 2006 at 11:52pm
 
I like it too, Annette, if only because it's distinctive.  But what you point out about the 3rd verdict tends to undermine the "presumption of innocence" in criminal law.  That's one minor problem, albeit a largely theoretical one.
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Annette
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Re: Not Proven Verdict
Reply #13 - Jan 8th, 2006 at 12:51am
 

If the recipient of the Not Proven Verdict walks away, and this is hanging over him or her - let us not forget, that should further strong evidence come to light, after the original trial, am I not correct in stating this individual can be re-tried?

If this is so, it is not in Scottish Law a case of Double Jeopardy.

I ask this question in all seriousness, as I am a non-fiction Writer on Criminology and have studied it for many years.    My memory of all the technicalities of the Not Proven Verdict are somewhat vague at the moment, but I need only to dig out one of my files to ascertain this for myself.

An interesting point for discussion perhaps?



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Norse_mann
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Re: Not Proven Verdict
Reply #14 - Jan 8th, 2006 at 7:49am
 
Not forgetting of course that the Not Proven verdict is also a Ex post-facto way of telling the prosecution to get their act together.
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