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A modern history of the not proven verdict
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Chalmers, James, Leverick, Fiona and Munro, Vanessa (2021) A modern history of the not proven verdict. Edinburgh Law Review, 25 (2). pp. 151-172. doi:10.3366/elr.2021.0692 ISSN 1364-9809.
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Official URL: https://doi.org/10.3366/elr.2021.0692
Abstract
While the origins of Scots law's unique “not proven” verdict in criminal cases are well-documented, there has been no systematic examination of its use and interpretation over time. Although the verdict has frequently been the subject of controversy in the courts, legal journals or public debate, analysis of it has tended to be sporadic and focused on specific controversies arising at given points in time. As a result, discussions about the verdict's future are often cyclical, meaning that the debate tends to repeat itself rather than advancing over time. This article fills this gap in the literature. Based on a comprehensive review of sources including (but not limited to) judicial statistics, court decisions, periodical literature and Parliamentary debates, it charts the evidence on the use of the not proven verdict by juries, the approach of the courts, and debates both on how the verdict should be interpreted and whether it should be retained.
| Item Type: | Journal Article | ||||||
|---|---|---|---|---|---|---|---|
| Subjects: | K Law [Moys] > KM Common Law, Public Law | ||||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||||
| Library of Congress Subject Headings (LCSH): | Verdicts -- Scotland, Criminal procedure -- Scotland, Trials (Murder) -- Scotland, Jury -- Scotland, Trials -- Scotland | ||||||
| Journal or Publication Title: | Edinburgh Law Review | ||||||
| Publisher: | Edinburgh University Press | ||||||
| ISSN: | 1364-9809 | ||||||
| Official Date: | 1 May 2021 | ||||||
| Dates: |
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| Volume: | 25 | ||||||
| Number: | 2 | ||||||
| Page Range: | pp. 151-172 | ||||||
| DOI: | 10.3366/elr.2021.0692 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Reuse Statement (publisher, data, author rights): | This is an Accepted Manuscript of an article published by Edinburgh University Press in Edinburgh Law Review. The Version of Record is available online at: http://www.euppublishing.com/doi/abs/10.3366/elr.2021.0692 | ||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||
| Date of first compliant deposit: | 14 December 2020 | ||||||
| Date of first compliant Open Access: | 1 May 2022 | ||||||
| Related URLs: |
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