Not proven Not proven Not proven is a verdict available to a court in Scotland. Under Scots law, a criminal trial may end in one of three verdicts: one of conviction ("guilty") and two of acquittal ("not proven" and "not guilty"). Between the Restoration in the late 17th century and the early 18th century, 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"
Criminal law in the Marshall Court courts combined). Between 1801 and 1828, a total of 2,718 criminal indictments were returned in the circuit courts: 596 resulted in guilty verdicts by juries; 479, not guilty verdicts by juries; 902, nolle prosequi; and 741, other (either no disposition recorded, abated, quashed, discharged, discontinued, or prison break). Prior to Chief Justice Marshall's tenure, the Supreme Court had heard only two criminal cases—both by prerogative writ. First, in "United States v. Hamilton" (1795), the Court granted bail to a capital defendant charged with treason—as it was authorized to do by § 33 of the Judiciary Act of 1789 and §