Proven and not proven: a potential alternative to the current Scottish verdict system

Lee John Curley; James Munro; Jim Turner; Lara A. Frumkin; Elaine Jackson; Martin Lages

doi:10.1002/bsl.2568

Proven and not proven: a potential alternative to the current Scottish verdict system

Lee John Curley^*, James Munro, Jim Turner, Lara A. Frumkin, Elaine Jackson, Martin Lages

^*Corresponding author for this work

Research output: Contribution to journal › Article › peer-review

5 Citations (Scopus)

6 Downloads (Pure)

Abstract

The current Scottish verdict system includes three verdicts: ‘guilty’, ‘not guilty’ and ‘not proven’. The Scottish Government are currently reviewing the utility of the not proven verdict. Proponents of the not proven verdict suggest that it directs jurors to their true role of determining whether the prosecution's case has, or has not, been ‘proven’. Reformists suggest a move to a system similar to England and Wales, with only guilty and not guilty verdicts. However, legal professionals have indicated a preference for an alternative system of proven and not proven. The aim of the current study was to test the effects of a proven and not proven system on verdicts given, when compared to alternative verdict systems (specifically, the current Scottish and Anglo-American verdict systems). 227 mock jurors watched a staged murder trial, filmed in a real-life courtroom, with legal professionals questioning witnesses and a judge giving legal direction. Jurors were significantly more likely to convict in a guilty and not guilty verdict system than either a proven and not proven or a guilty, not guilty and not proven verdict system. Future research should replicate this study with a focus on the impact of the not proven verdict in sexual offences.

Original language	English
Pages (from-to)	452-466
Number of pages	15
Journal	Behavioral Sciences and the Law
Volume	40
Issue number	3
Early online date	22 Apr 2022
DOIs	https://doi.org/10.1002/bsl.2568
Publication status	Published - Jun 2022
Externally published	Yes

Keywords

juror decision making
jury reform
proven and not proven
Scottish legal system
three-verdict system

ASJC Scopus subject areas

Clinical Psychology
Psychiatry and Mental health
Law

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

Documents and Links

10.1002/bsl.2568

Final published versionFinal published version, 435 KBLicence: CC BY-NC-ND

5 Citations
1 Chapter (peer-reviewed)

A critique of the experimental study of juror decision-making: challenges and recommendations
Curley, L. J. & Peddie, N., 5 Jul 2024, Contemporary Challenges in the Jury System: a Comparative Perspective. Monaghan, N. (ed.). 1 ed. Routledge , p. 189-206 18 p. (Routledge Contemporary Issues in Criminal Justice and Procedure).
Research output: Chapter in Book/Report/Conference proceeding › Chapter (peer-reviewed) › peer-review

Cite this

@article{3f5ed044b9e34699910831eca02101b6,

title = "Proven and not proven: a potential alternative to the current Scottish verdict system",

abstract = "The current Scottish verdict system includes three verdicts: {\textquoteleft}guilty{\textquoteright}, {\textquoteleft}not guilty{\textquoteright} and {\textquoteleft}not proven{\textquoteright}. The Scottish Government are currently reviewing the utility of the not proven verdict. Proponents of the not proven verdict suggest that it directs jurors to their true role of determining whether the prosecution's case has, or has not, been {\textquoteleft}proven{\textquoteright}. Reformists suggest a move to a system similar to England and Wales, with only guilty and not guilty verdicts. However, legal professionals have indicated a preference for an alternative system of proven and not proven. The aim of the current study was to test the effects of a proven and not proven system on verdicts given, when compared to alternative verdict systems (specifically, the current Scottish and Anglo-American verdict systems). 227 mock jurors watched a staged murder trial, filmed in a real-life courtroom, with legal professionals questioning witnesses and a judge giving legal direction. Jurors were significantly more likely to convict in a guilty and not guilty verdict system than either a proven and not proven or a guilty, not guilty and not proven verdict system. Future research should replicate this study with a focus on the impact of the not proven verdict in sexual offences.",

keywords = "juror decision making, jury reform, proven and not proven, Scottish legal system, three-verdict system",

author = "Curley, {Lee John} and James Munro and Jim Turner and Frumkin, {Lara A.} and Elaine Jackson and Martin Lages",

year = "2022",

month = jun,

doi = "10.1002/bsl.2568",

language = "English",

volume = "40",

pages = "452--466",

journal = "Behavioral Sciences and the Law ",

issn = "0735-3936",

publisher = "John Wiley & Sons ",

number = "3",

}

TY - JOUR

T1 - Proven and not proven: a potential alternative to the current Scottish verdict system

AU - Curley, Lee John

AU - Munro, James

AU - Turner, Jim

AU - Frumkin, Lara A.

AU - Jackson, Elaine

AU - Lages, Martin

PY - 2022/6

Y1 - 2022/6

N2 - The current Scottish verdict system includes three verdicts: ‘guilty’, ‘not guilty’ and ‘not proven’. The Scottish Government are currently reviewing the utility of the not proven verdict. Proponents of the not proven verdict suggest that it directs jurors to their true role of determining whether the prosecution's case has, or has not, been ‘proven’. Reformists suggest a move to a system similar to England and Wales, with only guilty and not guilty verdicts. However, legal professionals have indicated a preference for an alternative system of proven and not proven. The aim of the current study was to test the effects of a proven and not proven system on verdicts given, when compared to alternative verdict systems (specifically, the current Scottish and Anglo-American verdict systems). 227 mock jurors watched a staged murder trial, filmed in a real-life courtroom, with legal professionals questioning witnesses and a judge giving legal direction. Jurors were significantly more likely to convict in a guilty and not guilty verdict system than either a proven and not proven or a guilty, not guilty and not proven verdict system. Future research should replicate this study with a focus on the impact of the not proven verdict in sexual offences.

AB - The current Scottish verdict system includes three verdicts: ‘guilty’, ‘not guilty’ and ‘not proven’. The Scottish Government are currently reviewing the utility of the not proven verdict. Proponents of the not proven verdict suggest that it directs jurors to their true role of determining whether the prosecution's case has, or has not, been ‘proven’. Reformists suggest a move to a system similar to England and Wales, with only guilty and not guilty verdicts. However, legal professionals have indicated a preference for an alternative system of proven and not proven. The aim of the current study was to test the effects of a proven and not proven system on verdicts given, when compared to alternative verdict systems (specifically, the current Scottish and Anglo-American verdict systems). 227 mock jurors watched a staged murder trial, filmed in a real-life courtroom, with legal professionals questioning witnesses and a judge giving legal direction. Jurors were significantly more likely to convict in a guilty and not guilty verdict system than either a proven and not proven or a guilty, not guilty and not proven verdict system. Future research should replicate this study with a focus on the impact of the not proven verdict in sexual offences.

KW - juror decision making

KW - jury reform

KW - proven and not proven

KW - Scottish legal system

KW - three-verdict system

U2 - 10.1002/bsl.2568

DO - 10.1002/bsl.2568

M3 - Article

C2 - 35460096

AN - SCOPUS:85128772878

SN - 0735-3936

VL - 40

SP - 452

EP - 466

JO - Behavioral Sciences and the Law

JF - Behavioral Sciences and the Law

IS - 3

ER -

Proven and not proven: a potential alternative to the current Scottish verdict system

Abstract

Keywords

ASJC Scopus subject areas

UN SDGs

Documents and Links

Fingerprint

Research output

A critique of the experimental study of juror decision-making: challenges and recommendations

Cite this