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Not Proven
Not proven (, ) is a verdict available to a Courts of Scotland, court of law in Scotland. Under Scots law, a Criminal procedure, criminal trial may end in one of three verdicts, one of conviction ("guilty") and two of acquittal ("not proven" and "not guilty").The Scottish criminal jury: A very peculiar institution', Peter Duff, 62 Law & Contemp. Probs. 173 (Spring 1999) Between the Restoration (Scotland), Restoration in the late 17th century and the early 18th century, jury, jurors in Scotland were expected only to find whether individual factual allegations were proven or not proven, rather than to rule on an accused's guilt. In 1728, the jury in a murder trial asserted "its ancient right" to declare a defendant "not guilty". Over time, the "not guilty" verdict regained wide acceptance and use amongst Scots juries, with the encouragement of defence lawyers. It eventually displaced "not proven" as the primary verdict of acquittal. Nowadays, juries can return a verdict of either " ...
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Verdict
In law, a verdict is the formal trier of fact, finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions (see ). Etymology The term "verdict", from the Latin ''veredictum'', literally means "to say the truth" and is derived from Middle English ''verdit'', from Anglo-Norman language, Anglo-Norman: a compound of ''ver'' ("true", from the Latin ''vērus'') and ''dit'' ("speech", from the Latin ''dictum'', the Grammatical gender, neuter past participle of ''dīcere'', to say). Criminal law In a Criminal law, criminal case, the verdict, which may be either "not guilty" or "guilty"—except in Scotland where the verdict of "not proven" is also available—is handed down by the jury. Different counts in the same case may have different verdicts ...
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Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ...
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Donald Macaulay, Baron Macaulay Of Bragar
Donald Macaulay, Baron Macaulay of Bragar, QC (14 November 1933 – 12 June 2014) was a British Labour politician and member of the House of Lords. He was educated at Clydebank High School and Glasgow University, where he read law. He became an advocate at the Scottish Bar in 1963 and a Queen's Counsel in 1975. He contested Inverness at the 1970 general election. He served on the Bryden Committee on the visual identification of suspects following the Devlin Report of 1976. He was created a life peer as Baron Macaulay of Bragar, of Bragar in the County of Ross and Cromarty Ross and Cromarty ( gd, Ros agus Cromba), sometimes referred to as Ross-shire and Cromartyshire, is a variously defined area in the Highlands and Islands of Scotland. There is a registration county and a lieutenancy area in current use, the latt ... on 9 January 1989. He served as Opposition spokesman for Scottish Legal Affairs in the 1990s. Lord Macaulay died on 12 June 2014. ReferencesParliament.uk ...
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Murder Of Amanda Duffy
Amanda Duffy, a 19-year-old Scottish student, was killed in grisly circumstances in 1992. The main suspect, Francis Auld, was tried for murder in the High Court of Justiciary in Glasgow and was acquitted when the jury returned a majority verdict of "not proven". A bid by prosecutors to try Auld for a second time on the basis of new evidence was rejected by the courts in 2016. Auld died of pancreatic cancer in July 2017, aged 45. The outcome of Auld's trial prompted a national conversation around the continued existence of the "not proven" verdict and around double jeopardy rules. Murder Duffy, a 19-year-old student at Motherwell College, went missing in the early hours of the morning of Saturday 30 May 1992 after a night out with friends, celebrating the fact she had been called to audition at the Royal Scottish Academy of Music and Drama. Her body was found by passers-by that evening in an area of waste ground near a car park at Miller Street, Hamilton, South Lanarkshire. Duff ...
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George Robertson, Baron Robertson Of Port Ellen
George Islay MacNeill Robertson, Baron Robertson of Port Ellen, (born 12 April 1946), is a British politician of the Labour Party who was the 10th Secretary General of NATO from 1999 to 2003; he succeeded Javier Solana. He was Secretary of State for Defence from 1997 to 1999, before becoming a life peer as Baron Robertson of Port Ellen, ''of Islay in Argyll and Bute'', on 24 August 1999. Early life Born in Port Ellen, Isle of Islay, Scotland, the son of George Philip Robertson (1916–2002), a policeman, and Marion Isabella Robertson Nee MacNeill (1913–1996). His mother taught French and German. His maternal grandfather Malcolm McNeill was the police sergeant at Bowmore during World War One, and wrote about the kindness of local people in shipwreck tragedies of '' SS Tuscania'' and ''HMS Otranto''. Robertson was educated at Dunoon Grammar School and studied economics at Queen's College, Dundee. When he was 15 years of age, he was involved with protests against US nuclear subm ...
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Donald Dewar
Donald Campbell Dewar (21 August 1937 – 11 October 2000) was a Scottish politician who served as the inaugural First Minister of Scotland and Leader of the Labour Party in Scotland from 1999 until his death in 2000. He previously served as Secretary of State for Scotland from 1997 to 1999. He was Member of Parliament (MP) for Glasgow Anniesland (formerly Glasgow Garscadden) from 1978 to 2000. Dewar was also Member of the Scottish Parliament (MSP) for the equivalent seat from 1999 to 2000. Born in Glasgow, Dewar studied history, and later law, at the University of Glasgow. Before entering politics, he worked as a solicitor in Glasgow. At the age of 28, he was elected to the British House of Commons, representing Aberdeen South from 1966 to 1970. After losing his seat, he returned to law and hosted his own Friday evening talk show on Radio Clyde. Dewar was re-elected in the 1978 Glasgow Garscadden by-election and served as the MP until his death in 2000. Following La ...
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Scottish Office
The Scottish Office was a department of the Government of the United Kingdom from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland. Following the establishment of the Scottish Parliament in 1999, most of its work was transferred to the newly established Scottish Executive (now officially the Scottish Government), with a small residue of functions retained by the Scotland Office. History Following the Act of Union 1707 and the adjournment of the old Parliament of Scotland, the post of Secretary of State for Scotland was established within the government of the Kingdom of Great Britain. The Secretary of State was entrusted with general responsibility for the governance of Scotland, with the Lord Advocate acting as chief law officer in Scotland. The post of Secretary of State for Scotland was abolished in 1746, and the Lord Advocate assumed responsibility for government business in ...
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Roy Thomson, 1st Baron Thomson Of Fleet
Roy Herbert Thomson, 1st Baron Thomson of Fleet, (5 June 1894 – 4 August 1976) was a Canadian-born British newspaper proprietor who became one of the moguls of Fleet Street in London. He first came to prominence when he was selling radios in Ontario, and to give his customers more programmes to listen to, decided to launch his own radio station. He then moved into newspapers, becoming as wealthy and important in Canada as the press barons in the United Kingdom. He aspired to such a peerage but was denied it unless he moved residence to the UK. He invited British newspaper owners to sell to him, the first doing so being ''The Scotsman'' and he soon formed a commercial television company which gained the first ITV franchise in Scotland, the Scottish Television, today known as STV, which is also nowadays the last ITV franchise not to be owned by ITV plc. From the substantial profits of commercial television he bought many titles such as ''The Times'' and Kemsley's Newspapers whi ...
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Freedom Of The Press In The United States
Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution. History Thirteen Colonies In the Thirteen Colonies before the signing of the Declaration of Independence, the newspapers and the works produced by printing presses in general was subject to a series of regulations. British authorities attempted to prohibit the publication and circulation of information of which they did not approve, and often levied charges of sedition and libel as a means of controlling printing presses. One of the earliest cases concerning freedom of the press occurred in 1734. In a libel case against '' The New York Weekly Journal'' publisher John Peter Zenger by British governor William Cosby, Zenger was acquitted and the publication continued until 1751. At that time, there were only two newspapers in New York City and the second was not critical of Cosby's government. Wroth, 1938, p. 176 U.S. Constitution The First Amendment p ...
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John Peter Zenger
John Peter Zenger (October 26, 1697 – July 28, 1746) was a German printer and journalist in New York City. Zenger printed '' The New York Weekly Journal''. He was accused of libel in 1734 by William Cosby, the royal governor of New York, but the jury acquitted Zenger, who became a symbol for freedom of the press. In 1733, Zenger began printing '' The New York Weekly Journal'', which voiced opinions critical of the colonial governor, William Cosby. On November 17, 1734, on Cosby's orders, the sheriff arrested Zenger. After a grand jury refused to indict him, the Attorney General Richard Bradley charged him with libel in August 1735. Zenger's lawyers, Andrew Hamilton and William Smith, Sr., successfully argued that truth is a defense against charges of libel. Early life Peter Zenger was born in 1697 in the German Palatinate. Most of the details of his early life are obscure. He was a son of Nicolaus Eberhard Zenger and his wife Johanna. His father was a school teacher in Imp ...
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Jury Nullification
Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a criminal trial gives a not guilty verdict despite a defendant having clearly broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has an absolute right to return any verdict it chooses. Nullification is not an official part of criminal procedure, but is the logical consequence of two rules governing the systems in which it exists: # Jurors cannot be punished for passing an incorrect verdict. # A defendant who is acquitted can, in many jurisdictions, not be tried a second time for the same offence. A jury verdict that is contrary t ...
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William Penn
William Penn ( – ) was an English writer and religious thinker belonging to the Religious Society of Friends (Quakers), and founder of the Province of Pennsylvania, a North American colony of England. He was an early advocate of democracy and religious freedom, notable for his good relations and successful treaties with the Lenape Native Americans. In 1681, King Charles II handed over a large piece of his North American land holdings along the North Atlantic Ocean coast to Penn to pay the debts the king had owed to Penn's father, the admiral and politician Sir William Penn. This land included the present-day states of Pennsylvania and Delaware. Penn immediately set sail and took his first step on American soil, sailing up the Delaware Bay and Delaware River, past earlier Swedish and Dutch riverfront colonies, in New Castle (now in Delaware) in 1682. On this occasion, the colonists pledged allegiance to Penn as their new proprietor, and the first Pennsylvania General A ...
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