History
The three verdict system was established in Scots law by 1728 (since then juries have been able to pass a not guilty verdict). For some time before this, there were just two verdicts: Proven and Not proven; scholars dispute the origins of this system.
On one account, advanced two hundred years ago by the historians Hume and Arnot, the older distinctively Scottish two verdict system was rooted in religious oppression. The Crown persecuted the Covenanters but popular support made it impossible to convict them in a jury trial. To pare the power of the jury, the Scottish judges began restricting the jury's role: no longer would the jury announce whether the defendant* was "guilty" or "not guilty"; instead it would decide whether specific factual allegations were "proven" or "not proven"; and the judge would then decide whether to convict. Some historians, however, such as Ian Douglas Willock, have rejected the traditional account.
- In all criminal courts in Scotland the "defendant" is referred to as the accused. Following conviction they are thereafter referred to as the convicted.
Read more about this topic: Not Proven
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