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Not Guilty Verdicts Essay

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The Scottish legal system is peculiar. Unlike the majority of the world, there are three verdicts available in a Scottish criminal trial - guilty, not guilty, and not proven. However, the not proven verdict has long been the subject of much debate and controversy. Since its introduction in 1728, the not guilty verdict has gained wide acceptance, rendering the not proven verdict outdated and unnecessary. There is no discernable difference between the repercussions of a not proven and a not guilty verdict - both are acquittals and have no legal consequences for the accused. Are we desperately trying to cling to the not proven verdict out of a twisted sense of pride in our "unique" justice system, rather than a belief in its value? All that it …show more content…

Its true purpose is shrouded in uncertainty; even lawyers and judges struggle to draw the line between not guilty and not proven. Despite this, the two verdicts are virtually indistinguishable in the eyes of the law. Some believe that not proven means the jury feels that the accused is guilty, but don't have the evidence to prove it; while others disagree. This means that the verdict can be seen as a way for juries to avoid making a definitive decision, leading to a lack of accountability and a decrease in public trust in the justice system. Nevertheless, with either Not Guilty or not proven, the defendant is cleared and cannot be tried on the same charges again unless significant new evidence emerges. There is so much ambiguity and confusion around the verdict that judges are dissuaded from giving jurors advice on how to use it, as this can be viewed as misdirection. It is dangerous for such doubt to cloud the minds of jurors when coming to a decision, considering that this can result in shocking miscarriages of …show more content…

When the situation arises that the jury cannot agree on a decision, it is often abused as a compromise due to the amount of confusion around the meaning. The not proven verdict is used disproportionately in cases involving rape/sexual assault or domestic violence, as juries can be hesitant to convict due to the stigma surrounding the subjects. For example, a Freedom Of Information request unearthed that in 2019-2020 the not proven verdict was only used 6 times in Homicide cases, compared to 74 times for Rape/Attempted Rape. The stark difference between these figures immediately raises red flags. Rape Crisis Scotland shows that the conviction rate for rape and attempted rape cases is alarmingly low. Only 43.48% of these cases resulted in a conviction, which is the lowest rate for any type of crime. The not proven verdict muddies the waters and makes it harder for these cases to get a definitive answer, which is why it needs to be removed. These victims deserve justice, not to be brushed

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