Not proven

not guiltynot provednot been provenproven
Not proven is a verdict available to a court in Scotland.wikipedia
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Scots law

Scottish lawScotlandlaw
Under Scots law, a criminal trial may end in one of three verdicts: one of conviction ("guilty") and two of acquittal ("not proven" and "not guilty").

Acquittal

acquittednot guiltyacquit
Under Scots law, a criminal trial may end in one of three verdicts: one of conviction ("guilty") and two of acquittal ("not proven" and "not guilty").
Scots law has two acquittal verdicts: not guilty and not proven.

Verdict

directed verdictspecial verdictverdicts
Not proven is a verdict available to a court in Scotland.
In a criminal case, the verdict, which may be either "not guilty" or "guilty"—except in Scotland where the verdict of "not proven" is also available—is handed down by the jury.

Robert Dundas of Arniston, the Elder

Robert DundasLord Arniston the ElderRobert Dundas, of Arniston, the elder
In a notable trial in 1728, a defence lawyer (Robert Dundas) persuaded a jury to reassert its ancient right of acquitting, of finding an accused "not guilty", in spite of the facts being proven.
In 1728 he reintroduced into Scottish juries the possible verdicts of guilty or not guilty as against proven or not proven.

Conviction

convictedcriminal convictionconvictions
Under Scots law, a criminal trial may end in one of three verdicts: one of conviction ("guilty") and two of acquittal ("not proven" and "not guilty").
In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal.

Murder of Amanda Duffy

Unsuccessful attempts to scrap the "not proven" verdict were made in Parliament by Donald Dewar in 1969, George Robertson in 1993 (prompted by the trial outcome in the murder of Amanda Duffy) and Lord Macauly of Bragar in 1995.
The main suspect, Francis Auld, was tried for murder in the High Court of Justiciary in Glasgow and was acquitted when the jury returned a majority verdict of "not proven".

Jury nullification

nullificationnullifydid not believe that offense worthy of impeachment.
The reintroduction of the "not guilty" verdict was part of a wider movement during the 17th and 18th century which saw a gradual increase in the power of juries, such as the trial of William Penn in 1670, in which an English jury first gained the right to pass a verdict contrary to the law (known as jury nullification), and the trial of John Peter Zenger in New York in 1735 in which jury nullification is credited with establishing freedom of the press as firm right in what would become the United States.
In Scotland, jury nullification had the profound effect of introducing the three-verdict system including the option of "not proven", which remains in Scotland to this day.

Charles Lyon, 6th Earl of Strathmore and Kinghorne

Earl of StrathmoreCharles LyonCharles, earl of Strathmore
The case involved the trial of Carnegie of Finhaven for the murder of the Earl of Strathmore.
Carnegie of Finhaven was tried for murder in a famous trial which established the "not guilty" verdict (in addition to "proven" and "not proven") in Scots Law and the right of Scots juries to try the whole case and not just the facts known as Jury Nullification.

James Carnegie of Finhaven

Carnegie of FinhavenCarnegie familyJames
The case involved the trial of Carnegie of Finhaven for the murder of the Earl of Strathmore.
Quite unexpectedly the jury did not give a verdict of either "proven" or "not proven" but instead gave a verdict of "not guilty", thus establishing the constitutional principle of a Scottish Jury's right to render one of three verdicts: "proven", "not proven" and "not guilty" which remain contentious to this day.

Arlen Specter

Arlen SpectorSenator Arlen Specterparty-switch
Its most famous use in the United States came when Senator Arlen Specter tried to vote "not proven" on the two articles of impeachment of Bill Clinton, his votes were recorded as "not guilty" and when, at the O.J. Simpson murder case, various reformers, including Fred Goldman, Ron Goldman's father, pushed for a change to "not proven" because of what they felt was an incorrect presumption of innocence on the part of Simpson.
Believing that Clinton had not received a fair trial, Specter cited Scots law to render a verdict of "not proven" on Clinton's impeachment.

Burke and Hare murders

Burke and HareWilliam BurkeWilliam Hare
The case against his wife was found not proven—a Scottish legal verdict to acquit an individual but not declare them innocent.

Impeachment of Bill Clinton

impeachmentimpeachment trialClinton impeachment
Its most famous use in the United States came when Senator Arlen Specter tried to vote "not proven" on the two articles of impeachment of Bill Clinton, his votes were recorded as "not guilty" and when, at the O.J. Simpson murder case, various reformers, including Fred Goldman, Ron Goldman's father, pushed for a change to "not proven" because of what they felt was an incorrect presumption of innocence on the part of Simpson.
Senator Arlen Specter voted "not proved" for both charges, which was considered by Chief Justice Rehnquist to constitute a vote of "not guilty".

Ardlamont murder

Ardlamont House MurderAlfred John MonsonArdlamont mystery
Alfred John Monson received the Scottish verdict of "not proven" in his High Court of Justiciary trial for the murder of Cecil Hambrough.

Madeleine Smith

Madeleine Hamilton SmithMadeline SmithThe Case of Madeleine Smith
Although the circumstantial evidence pointed towards her guilt (Smith had made purchases of arsenic in the weeks leading up to L'Angelier's death, and had a clear motive) the jury returned a verdict of "not proven", i.e. the jury was unconvinced that Smith was innocent, but the prosecution had produced insufficient evidence to the contrary.

Sir George Campbell

A not proven verdict was returned but nevertheless he and his father were imprisoned on the Bass Rock on the Firth of Forth in Haddingtonshire.

Sir Hugh Campbell

Hugh Campbell
A not proven verdict was returned but nevertheless he and his son were imprisoned on the Bass Rock on the Firth of Forth in Haddingtonshire.

Murder of Maxwell Garvie

A third accused, Alan Peters, was found not proven.

Criminal procedure

criminal trialcriminal proceedingsinvestigation
Under Scots law, a criminal trial may end in one of three verdicts: one of conviction ("guilty") and two of acquittal ("not proven" and "not guilty").

Restoration (Scotland)

Restorationrestoration of the monarchythe Restoration
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.

Jury

juriesjurorjurors
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.

Selkirk, Scottish Borders

SelkirkSelkirk, ScotlandRoyal Burgh of Selkirk
Out of the country, the "not proven" verdict may be referred to as the Scottish verdict, and in Scotland itself it may be referred to colloquially as the bastard verdict, which was a term coined by Sir Walter Scott, who was sheriff in the court of Selkirk.

David Hume

HumeHumeanHume, David
David Hume and Hugo Arnot argue that it was rooted in religious oppression.

Hugo Arnot

Hugo Arnet
David Hume and Hugo Arnot argue that it was rooted in religious oppression.

Covenanters

CovenanterNational CovenantCovenanting
The Crown persecuted the Covenanters but popular support made it impossible to convict them in a jury trial.