not proven

Not proven is a verdict available to a court in Scotland.Under Scots law, a criminal trial may end in one of three verdicts: one of conviction ('proven') and two of acquittal ('not proven' and 'not guilty'). Historically, the two verdicts available to Scots juries were that the case had been 'proven' or 'not proven'. However in a dramatic case in 1728 the jury asserted "its ancient right" to bring in a "not guilty" verdict even when the facts of the case were proven (see jury nullification). As the "not guilty" verdict gained wide acceptance amongst Scots juries it began to use it in cases where the jury felt the "not proven" verdict did not adequately express the innocence of the defendant. Shrewd defence then further encouraged this interpretation in order to pursuade juries unwilling to bring in a "not guilty" verdict that the 'not proven' could be brought in as a lesser or "third verdict".
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