What is "not proven"

Proven \Prov"en\, p. p. or a. Proved. ``Accusations firmly proven in his mind.''
--Thackeray.

Of this which was the principal charge, and was generally believed to beproven, he was acquitted.
--Jowett (Thucyd. ).

Not proven (Scots Law), a verdict of a jury that the guilt of the accused is not made out, though not disproved.
--Mozley & W.

Not proven is a verdict available to a court in Scotland. As with other judicial systems, the burden to prove guilt rests with the prosecution.

Under Scots law, a criminal trial may end in one of three verdicts: one of conviction ("guilty") 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 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, Scots began to use "not guilty" in cases where the jury felt the "not proven" verdict did not adequately express the innocence of the person on trial. Shrewd defence then further encouraged this interpretation in order to persuade juries unwilling to bring in a "not guilty" verdict that the "not proven" could be brought in as a lesser or "third verdict".

The result is the modern perception that the "not proven" verdict is an acquittal used when the judge or jury does not have enough evidence to convict but is not sufficiently convinced of the accused person's innocence to bring in a "not guilty" verdict. Essentially, the judge or jury is unconvinced that the suspect is innocent, but has insufficient evidence to the contrary.

Out of the country, the "not proven" verdict may be referred to as the Scottish verdict, and in Scotland itself it may be referred to colloquially as the bastard verdict, which was a term coined by Sir Walter Scott, who was sheriff in the court of Selkirk.

In Scottish criminal courts, the person on trial is referred to as the accused. If the accused is convicted, he or she is thereafter referred to as the convicted.