Trivia: The Bastard Verdict



Under Scots law, there are three potential outcomes of a criminal trial: "proven" (guilty), "not guilty", and "not proven."

The "not proven" [wiki] verdict, also called the Scottish Verdict or the "bastard verdict," is where although the juries don’t think that the case has been proven against the defendant, they also not convinced of his innocence.


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Posted on May 13, 2008 at 1:10 am by Alex
Category: Crime & Law, Daily Trivia

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11 comments to "Trivia: The Bastard Verdict"

  • Gisen
    May 13th, 2008 at 2:51 am

    Although this used to be true, unfortunately our English overlords have changed this so that the “not proven” verdict is no longer an option.

  • Pol x
    May 13th, 2008 at 3:19 am

    Gisen

    REally? since when was Not Proven removed?

    I like Scots law, the right to trial by combat was on the statutes until the mid 80s.

    Wikipedia here I come.

  • Pol x
    May 13th, 2008 at 6:39 am

    according to Wiki it’s still on the books

  • Maureen
    May 13th, 2008 at 7:53 am

    “Not proven” is kind of shitty — since you were never convicted, you can’t appeal it, you just get this weird stigma floating around for seeming sleazy despite possibly having done nothing wrong.

    The flipside exists in Poland (or at least, it used to — unsure if it still does): Guilty but not dangerous. It means you violated the letter of the law, but it’s not actually a big deal.

  • Tara
    May 13th, 2008 at 8:50 am

    Well that would make it personal opinion would it not?

  • PaulVI
    May 13th, 2008 at 10:24 am

    I dread Scot’s Law. ;-)

  • bean
    May 13th, 2008 at 10:30 am

    If I ever get to design my judicial system, this is going to be written in stone. The biggest problem with criminal law is lack of allowance for grey areas.

  • Thomas
    May 13th, 2008 at 10:42 am

    Trial by combat seems like a good answer. I’ll file suits against entire retirement homes. It’ll be just like that movie Gladiator, except more geriatric.

  • GCoastian
    May 13th, 2008 at 11:21 am

    Doesn’t anyone remember that Arlen Specter used this as an excuse in the Clinton impeachment trial?

  • Pol x
    May 13th, 2008 at 5:16 pm

    Thomas

    the trial by combat thing I remember hearing about it at the time, an armed robber managed to bargian a significant reduction of his sentence in return for passing on the Trial by combat.

    Young nasty robber VS septegenarian judge.

    Yup, you fight the judge.

  • Thomas
    May 14th, 2008 at 10:06 am

    Awesome. Best legal system ever.

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