NOT PROVEN Meaning and
Definition
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"Not proven" is a legal term that refers to a verdict in a criminal trial where the jury is not convinced beyond a reasonable doubt of the defendant's guilt, but also does not find the defendant innocent. In such cases, the accused is acquitted, but the judgment reflects that the evidence presented in court fell short of proving guilt or establishing innocence definitively.
The term is primarily associated with the Scottish legal system, where there are three possible verdicts: guilty, not guilty, and not proven. While the concept of "not proven" is equivalent to "not guilty" in terms of acquittal, it carries the implication that there may still be doubts about the defendant's innocence. It represents a recognition that the prosecution has not fully met the burden of proof required to establish guilt beyond reasonable doubt.
The not proven verdict reflects the idea that the accused should not be burdened with a guilty verdict when there is insufficient evidence, but it also acknowledges that there may still be lingering doubts. Critics argue that this third verdict creates uncertainty and confusion, as it essentially suggests neither innocence nor guilt.
Overall, "not proven" is a verdict used in the Scottish legal system to acquit a defendant when the jury is not convinced of guilt beyond reasonable doubt, but still harbors doubts about the accused's innocence.
Common Misspellings for NOT PROVEN
- bot proven
- mot proven
- jot proven
- hot proven
- nit proven
- nkt proven
- nlt proven
- npt proven
- n0t proven
- n9t proven
- nor proven
- nof proven
- nog proven
- noy proven
- no6 proven
- no5 proven
- not oroven
- not lroven
- not -roven
- not 0roven
Etymology of NOT PROVEN
The phrase "not proven" is chiefly used in Scottish law as an alternative verdict to "guilty" or "not guilty". The etymology of this phrase can be traced back to Scotland's legal system during the 18th century, where there were three possible verdicts: "guilty", "not guilty", and "not proven".
The term "proven" in this context refers to the burden of proof required for a conviction. In Scottish law, the prosecution had to prove the case "beyond reasonable doubt" to secure a "guilty" verdict. However, in cases where the evidence was not deemed sufficient to meet this high standard, but there were still doubts about the defendant's innocence, the verdict "not proven" was introduced.
The precise origin of the phrase is uncertain, but it is believed to date back to the early 18th century and has been a distinct feature of Scottish law ever since.
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