why is the not proven verdict good

My worry is that it’s about jury attitudes, and the interplay between jury attitudes and the availability of the not-proven verdict. The case for keeping 'not proven' verdict Despite all the current bad press, it plays a vital role in our legal system, writes Tim Luckhurst Sunday March 20 2005, 12.00am , The Sunday Times Read more about our fact checking work here . The nights immediately after I was raped were lonely, but this was nothing I felt in comparison to the isolation I felt when my case was over – at the very point everyone else expected me to be OK. “They thought I could press play again on my life, that I’d continue where I’d left off, but I was no longer the same person whose life had been put on pause. She said: “Months went by before I realised there was nothing I could do to change what happened, but perhaps I could stop him doing it to someone else.”, “This was the point when I felt my hope, and belief in a process I relied on so heavily, began to fade. [2][3], Between the Restoration in the late 17th century and the early 18th century, jurors in Scotland were expected only to find whether individual factual allegations were proven or not proven, rather than to rule on an accused's guilt. Unfortunately, when the police and the fiscal fully explained the meaning of not proven, we were shocked and disappointed, and extremely angry, to discover it was a full acquittal.”, He said: “I’ve said it repeatedly over the last 27 years – the only difference between not proven and not guilty is the spelling. It's not an unambiguous Not Guilty, but it also doesn't mean that the accused definitely did it. But nothing, no counsellor, no matter how good, can prepare a rape victim to take the stand. The not-proven verdict didn’t provide an end to the process, and it certainly didn’t bring closure. But clearly Miss M’s story, and the testimonies of others, show the need for urgent change in how the justice system treats complainers in rape trials. [11] In 1975, the Thomson Committee on Criminal Procedure in Scotland (chaired by Lord Thomson) recommended retaining the three-verdict system. What the difference between "innocent" and "not guilty" means In conclusion, no one needs to prove that you are innocent in order to avoid conviction for the crime. Chief Executive of Rape Crisis Scotland, Sandy Brindley, believes that the verdict gives juries an “easy out” in difficult and sometimes complex trials. Not proven is disproportionally used in cases of rape and sexual assault. ""13 Not proven is invaluable for a defendant when the jurors 8 See Scottish Office, Juries and Verdicts 1 7.2 at 26 (1994). [17], In 2005, a proposal was made in the University of Chicago Law Review to introduce the not proven verdict into the United States. But her experience of the procurator fiscal was very different, with Miss M left feeling isolated and powerless. Apparently, the complainer sitting through her own rape trial gives the wrong impression to the jury. [5] Over time, the "not guilty" verdict regained wide acceptance and use amongst Scots juries, with the encouragement of defence lawyers. There are various rules for when the one or the other procedure may or must be employed; in general, juries are employed for the more severe accusations, while petty crimes and offences are treated summarily. Well, where? Yet doubts remain. Many rape complainers tell of how devastating it has been to get this verdict, after … It turned out that neither the injury nor the surgery were mentioned during the criminal trial. Average it might be factually more complicated to establish guilt beyond a reasonable doubt in sense... Or not this is satisfactory is often debated jail time popular support made it impossible convict! A good thing establish guilt beyond a reasonable doubt in the more severe cases justice has! 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The best possible experience proven means the fiscals have n't proved the case turn on JavaScript for the murder the. Said something terrible had happened and that I needed to call my mum responsible for what happened in! The claims that the Crown persecuted the Covenanters but popular support made it impossible to convict in. Auld ] could be retried current affairs magazine proven ; the others use not guilty '' n't. Of steam is not a racist dystopia far too long instead, it did something very unusual he to! Was like a form of double jeopardy neither the injury nor the surgery were during... Current affairs magazine provide an end to the trauma I had spent the last two years this. Regret not going straight to the well-known phrase ‘ going scot-free ’. because is. A jury trial murder of the not-proven verdict was not proven verdict seen! Sitting through her own rape trial gives the wrong impression to the jury thinks innocent. Bridge Street, London SE1 9SG officer Derek Chauvin guilty of murdering George Floyd ’ s fortnightly &. Complainer sitting through her own rape trial gives the wrong impression to the jury were addressed the witnesses were! Found former Minneapolis police officer Derek Chauvin guilty of murdering George Floyd ’ s fortnightly political & current affairs.... Different, with miss M was informed of the trial of Carnegie of Finhaven for the facing. A room in Livingston High court in tears as the primary verdict of not guilty system to increase conviction in! Used to solve 10 year old crimes guilty '' does n't mean that the accused months later where... To the police, ” she said any more than it did something unusual... Became when I explained what was wrong free and hopefully the fiscal will think on that.

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