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Beyond doubt : the case against 'not proven'
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Chalmers, J., Leverick, F. and Munro, Vanessa (2022) Beyond doubt : the case against 'not proven'. Modern Law Review, 85 (4). pp. 847-878. doi:10.1111/1468-2230.12707 ISSN 0026-7961.
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Official URL: http://doi.org/10.1111/1468-2230.12707
Abstract
Scotland, unusually, has three verdicts in criminal trials: guilty, not guilty, and not proven. The not proven verdict, regarded by many as an intermediate option between the other two, has been the subject of a long-running debate as to whether it should be abolished. In this article we argue that it should. Drawing on empirical evidence from two recent studies, we cast doubt on the arguments most often made in its favour – that it serves a valuable communicative function, protects against wrongful conviction, and/or increases juror satisfaction. There is no consensus on its meaning or appropriate application in any given case, and it risks both stigmatising an acquitted accused and diminishing complainers’ opportunities for closure. It is doubtful that it prevents wrongful conviction, but even if it does, there are more effective measures in this regard.
| Item Type: | Journal Article | ||||||||
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| Subjects: | K Law [Moys] > KM Common Law, Public Law | ||||||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||||||
| Library of Congress Subject Headings (LCSH): | Trials -- Scotland, Criminal procedure -- Scotland, Jury -- Scotland, Trials (Murder) -- Scotland | ||||||||
| Journal or Publication Title: | Modern Law Review | ||||||||
| Publisher: | Wiley | ||||||||
| ISSN: | 0026-7961 | ||||||||
| Official Date: | July 2022 | ||||||||
| Dates: |
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| Volume: | 85 | ||||||||
| Number: | 4 | ||||||||
| Page Range: | pp. 847-878 | ||||||||
| DOI: | 10.1111/1468-2230.12707 | ||||||||
| Status: | Peer Reviewed | ||||||||
| Publication Status: | Published | ||||||||
| Reuse Statement (publisher, data, author rights): | "This is the peer reviewed version of the following article: [FULL CITE], which has been published in final form at [Link to final article using the DOI]. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions." | ||||||||
| Access rights to Published version: | Open Access (Creative Commons) | ||||||||
| Date of first compliant deposit: | 2 August 2021 | ||||||||
| Date of first compliant Open Access: | 3 December 2021 | ||||||||
| RIOXX Funder/Project Grant: |
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