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.


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