Between Innocence and Guilty

1
Between Innocence and Guilty
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Solemn procedure

• Takes place in both high court and sheriff court/
  Judge sits with a jury of 15 members of the
  public
• Judge will decide on questions of law and the
  jury has to decide on the facts of the case
• A Majority(8) is sufficient to reach a verdict
• Accused is innocent until proven guilty by the
  crown, punishment will be more severe if
  defendant has pleaded not guilty and is found
  guilty
• Juries in England and Wales can return a Guilty
  or Not Guilty verdict
• Scotland has the three verdict system what is
  it?

3
Not Proven

• Not Guilty and Not Proven are acquittals if the
  jury are not satisfied they are guilty
• Accused can not be tried again for the same
  offence
• The word innocence is not used, it is a matter of
  opinion

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Sir Walter Scott That Bastard Verdict

• Not Proven verdict is very controversial
• Only existing in Scotland, A Not Proven verdict
  does not carry the same weight of innocence as a
  Not Guilty Verdict
• 1992, a fierce debate was sparked by the murder
  of schoolgirl Amanda Duffy
• Turn to P106 to find out about the case

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Against the verdict

• MSP Michael McMahon is currently preparing a
  Private Members Bill intended to take the
  verdict out of Scotlands courtroom
• Not proven allows Scots law to be ridiculed by
  not providing adequate justice for either the
  victim or often for the accused and that makes it
  a legitimate area for MSPs to look at

6
Against the verdict

• The Not Proven verdict is a cop out. It is
  neither guilty nor not guilty
• Allows guilty people of the hook
• Jury should take the time to debate and come to a
  decision

7
Against the verdict

• Verdict leaves stain on the accused forever,
  always under suspicion
• Creates confusion on whether guilt is or is not
  established, straight answer needed
• It leaves no one satisfied, families, victims
  accused people or the public

8
For the Verdict

• May be cases where there is a shadow of a doubt
  whether a person is guilty, unfair to send
  someone to jail if there is doubt
• Unable to convict although one line of evidence
  points towards the guilt there is no corroboration

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For the Verdict

• It is the job of the crown to prove guilt not the
  jury, therefore if still in doubt the person
  should be acquitted
• Strengthens the Not Guilty verdict, as jury had
  a choice to record a Not Proven verdict but did
  not take it, the accused should have a stronger
  claim of innocence
• we would need to increase the majority in
  England there is a jury of 12 with a majority
  rule of 10

10

• Some people argue that the instead of Not
  Proven verdict being abolished, it is the Not
  Guilty verdict that should be abolished
• Complete and irrefutable innocence is rare