What's Happening?
The Scottish government has officially abolished the 'not proven' verdict, a unique aspect of Scottish law that has been a point of contention for decades. This decision comes after a long campaign led
by Joe and Kate Duffy, whose daughter Amanda was murdered in 1992. The 'not proven' verdict, which is equivalent to an acquittal, has been criticized for causing confusion and failing to provide closure for victims' families. The Duffys, along with other campaigners, argued that the verdict allowed guilty individuals to walk free due to insufficient evidence rather than actual innocence. The abolition of this verdict is part of a broader legal reform package that also changes the requirements for jury convictions in Scotland, moving from a simple majority to a two-thirds majority for a guilty verdict.
Why It's Important?
The abolition of the 'not proven' verdict is significant as it addresses long-standing concerns about justice and closure for victims' families. Critics of the verdict argued that it allowed juries to avoid making a definitive decision, potentially letting guilty individuals escape justice. The change is expected to impact how juries deliberate and reach decisions, potentially leading to more definitive outcomes in criminal trials. This reform could influence public confidence in the legal system by ensuring that verdicts are clearer and more decisive. Additionally, the requirement for a two-thirds majority for a guilty verdict aims to balance the scales of justice, ensuring that convictions are based on stronger consensus among jurors.
What's Next?
With the abolition of the 'not proven' verdict, Scottish courts will now only deliver 'guilty' or 'not guilty' verdicts. This change is expected to influence future legal proceedings and jury deliberations. Legal experts and campaigners will be closely monitoring the impact of these reforms on conviction rates, particularly in cases of sexual offenses where the 'not proven' verdict was frequently used. The legal community may also assess whether the new two-thirds majority requirement for guilty verdicts affects the rate of convictions. Stakeholders, including legal professionals and advocacy groups, will likely continue to debate the implications of these changes on the Scottish justice system.
