For almost three centuries, Scottish juries had a third verdict available to them alongside "guilty" and "not guilty." "Not proven" was an acquittal with a legal effect identical to not guilty, but it meant something different publicly. Walter Scott, sitting as sheriff in Selkirk in 1827, called it "that bastard verdict."
The verdict traces to 17th-century Scotland, when judges stripped juries of the right to declare guilt and limited them to ruling on whether specific facts were "proven" or "not proven." In 1728, a jury in a murder trial reclaimed the right to say "not guilty" — but "not proven" remained on the books for another 298 years. A popular saying defined it as "not guilty, but don't do it again."
It appeared in notable Scottish trials: Madeleine Smith, accused of poisoning her boyfriend; Helen McDougal, charged in the Burke and Hare murders; and Alex Salmond, on one of fourteen charges. Senator Arlen Specter tried to vote "not proven" on the two articles of Clinton's impeachment; his votes were recorded as "not guilty" because American courts have no such option. After the OJ Simpson verdict, Fred Goldman pushed for a "not proven" option in US courts.
Since January 1, 2026, the verdict no longer exists. The Victims, Witnesses, and Justice Reform (Scotland) Act 2025, passed by the Scottish Parliament in September 2025, abolished it.
