Not proven facts for kids
Not proven is a special type of decision a jury can make in Scottish law. Outside of Scotland, people sometimes call it the Scottish verdict.
Scottish law is different from English law. One big difference is how juries make decisions in criminal cases. In Scotland, a jury has 15 members. They decide if someone is guilty or not guilty by a simple majority vote. This means at least eight jurors must agree for a verdict. For a "guilty" verdict, eight votes are needed. The older term "proven" has been replaced by "guilty".
What Are the Verdicts in Scotland?
In Scotland, there are three possible verdicts a jury can choose from:
- Guilty: This means the jury believes the prosecution has shown enough proof that the person committed the crime.
- Not guilty: This means the jury believes the person is innocent.
- Not proven: This is the unique Scottish verdict. It means the prosecution did not show enough proof to convince the jury that the person is guilty. However, the jury also wasn't fully convinced that the person was innocent. So, while the person is set free, it's not the same as being declared innocent.
Why is "Not Proven" Different?
The "not proven" verdict means the person is acquitted (set free), just like a "not guilty" verdict. But it's often seen as a middle ground. It suggests that while there wasn't enough evidence to convict, there might still be some doubt about the person's innocence.
Historically, this verdict has been a topic of much discussion. Sir Walter Scott, a famous Scottish writer and sheriff, even gave it a very informal nickname because of how unusual it was.
How Juries Decide
In a Scottish criminal trial, the jury listens to all the evidence presented by the prosecution (the side trying to prove guilt) and the defense (the side arguing for innocence). After hearing everything, the 15 jurors discuss the case. They then vote to decide on one of the three verdicts: guilty, not guilty, or not proven.
If at least eight jurors vote for "guilty," that's the verdict. If the votes for "guilty" are less than eight, the jury then considers "not guilty" or "not proven." The person is acquitted if either "not guilty" or "not proven" is reached.
