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Beyond Doubt: The Case Against 'Not Proven'
2021
Modern law review
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
doi:10.1111/1468-2230.12707
fatcat:e3kem2t2lzbtpkijotep744ujm