Response 307901188

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Part 2: The Not Proven Verdict

Question 1. Which of the following best reflects your view on how many verdicts should be available in criminal trials in Scotland?

Please select one item
Radio button: Ticked Scotland should keep all three verdicts currently available
Radio button: Unticked Scotland should change to a two verdict system
Please give reasons for your answer:
The system works well and removing not proven would not increase sex crime convictions as england has similar low convition rate for these very difficult cases.

Question 2. If Scotland changes to a two verdict system, which of the following should the two verdicts be?

Please select one item
Radio button: Unticked Guilty and not guilty
Radio button: Ticked Proven and not proven
Radio button: Unticked Other
Please give reasons for your answer. If you have selected “other” please state what you think the two verdicts should be called:
This would be an accurate description of what a jury is being asked to decide.

Question 3. If Scotland keeps its three verdict system, how could the not proven verdict be defined, in order to help all people including jurors, complainers, accused and the public to better understand it?

Please provide answer below:
The jury and others should be told, the question is did the crown show ie prove beyond doubt that the accused commited the offence. If there was lack of evidence or clarity or other doubt the jury has no choice but to provide a not proven verdict.

Question 4. Below are some situations where it has been suggested a jury might return a not proven verdict. How appropriate or inappropriate do you feel it is to return a not proven verdict for each of these reasons?

The jury returns a not proven verdict because they believe the person is guilty, but the evidence did not prove this beyond a reasonable doubt.
Please select one item
Radio button: Ticked 1 – Appropriate
Radio button: Unticked 2 – Inappropriate
Radio button: Unticked 3 – Don't know
The jury returns a not proven verdict because they believe the case has not been proven beyond reasonable doubt, but they wish to publicly note some doubt or misgiving about the accused person.
Please select one item
Radio button: Unticked 1 – Appropriate
Radio button: Ticked 2 – Inappropriate
Radio button: Unticked 3 – Don't know
The jury returns a not proven verdict because they believe the case has not been proven beyond reasonable doubt, but they wish to indicate to complainers and/or witnesses that they believe their testimony.
Please select one item
Radio button: Unticked 1 – Appropriate
Radio button: Ticked 2 – Inappropriate
Radio button: Unticked 3 – Don't know
The jury returns a not proven verdict as a compromise, in order to reach agreement between jurors who think the right verdict should be guilty and others who think it should be not guilty.
Please select one item
Radio button: Unticked 1 – Appropriate
Radio button: Ticked 2 – Inappropriate
Radio button: Unticked 3 – Don't know

Question 5. Do you believe that the not proven verdict acts as a safeguard that reduces the risk of wrongful conviction?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Unsure
Please give reasons for your answer and explain how you think it does or does not operate to prevent wrongful convictions:
I feel in very close cases where contradictory evidence is presented and it can be seen the accused was somewhat involved in the crime but the crown cannot definativly provide a piece of proof that implictes the accused then the not proven verdict allows the jury to reach an agreement. It should mean the crown is encouraged to present strong evidence and not merely just "give it a go" in the hope of a result.

Question 6. Do you believe that there is more stigma for those who are acquitted with a not proven verdict compared to those acquitted with a not guilty verdict?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Unsure
Please give reasons for your answer:
The accused has no record of verdicts to answer to. If at job interview or some such they were asked about a court case against them they can truthfully declare there was no conviction. That would be a statement of fact.

Question 7. Do you believe that the not proven verdict can cause particular trauma to victims of crime and their families?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Please give reasons for your answer:
The victims etc should have it explained to them by the judge or sheriff or court staff, that not proven is a legitimate verdict for a jury to return and the crown was unable in this instance to provide a strong enough case to prove the complainers case irrespective of their strongly held belief.

Part 3: Jury Size

If Scotland changes to a two verdict system:

Please select one item
Radio button: Ticked Jury size should stay at 15 jurors
Radio button: Unticked Juries should change to 12 jurors
Radio button: Unticked Juries should change to some other size
Please give reasons for your answer including any other changes you feel would be required, such as to the majority required for conviction or the minimum number of jurors required for the trial to continue:
Having been on a jury i did not recognise the supposed disadvantages which were outlined regarding participation or changing of minds . A quite or shy person will still be that even if there were only 6 or 8 participnts. Also people with strongly held opinions or beliefs will always vigorously defend their corner and be prepared to speak to it if encouraged.

Part 4: Jury Majority

If Scotland changes to a two verdict system:

Please select one item
Radio button: Unticked We should continue to require juries to reach a “simple majority” decision (8 out of 15).
Radio button: Ticked We should change to require a “qualified majority” in which at least two thirds of jurors must agree (this would be 10 in a 15 person jury, or 8 in a jury of 12).
Radio button: Unticked We should reduce the jury size to 12 and require a “qualified majority” of 10 jurors for conviction as in the system in England and Wales.
Radio button: Unticked We should change to some other majority requirement.
Please give reasons for your answer including any other changes you consider would be required such as to the minimum number of jurors required for the trial to continue:
This is easily understood , it would mean jurors whom have odd notions or misunderstand their role or the evidence would be less likely to bring about a wrongful conviction.

Question 10. Do you agree that where the required majority was not reached for a guilty verdict the jury should be considered to have returned an acquittal?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Unsure
Please give reasons for your answer:
If the correct amount of jurors cannot be persuaded to accept the crowns case it should be accepted that the case against the accused was not strong enough for a conviction.

Part 5: The Corroboration Rule

(a). If Scotland remains a three verdict system and keeps the simple majority:

Please select one item
Radio button: Unticked Scotland should abolish the corroboration rule
Radio button: Unticked Scotland should reform the corroboration rule
Radio button: Ticked Scotland should keep the corroboration rule as it is currently
Please give reasons for your answer:
Corroboration gives at least a level of defence against malicous prosecuction or wrongful prosecuction. Eg a doctor will know his sloppy examination may be noticed by the other one , similarly scientists or expert witnesses can be challenged by the evidence of a second such expert retesting their results. The post office case recently has shown the need for corroboration, all the post masters were prosecuted only on the evidence provided by a now discredited computer. The corroboration of an accountant or a computer expert may have returned a differant conclusion. There are many cases recently in england where rape trials believed only the victim and after the accused went to jail it was shown via mobile phone evidence the accused was the real victim of a malicous act. In organised crime cases it may be possible for individuals to be pressured to take the blame for crimes they did not commit if corroboration was not required. Finally corroboration provides a small level of protection against corrupt police and such like.

(b). If Scotland changes to a two verdict system and keeps the simple majority:

Please select one item
Radio button: Unticked Scotland should abolish the corroboration rule
Radio button: Unticked Scotland should reform the corroboration rule
Radio button: Ticked Scotland should keep the corroboration rule as it is currently
Please give reasons for your answer:
See above , corroboration is an essential element of our system . Instead of trying to get rid of it we should be promoting its positive benifits to other judicial systems around the world. We should be positively boasting about it.

(c). If Scotland changes to a two verdict system and increases the jury majority

Please select one item
Radio button: Unticked Scotland should abolish the corroboration rule
Radio button: Unticked Scotland should reform the corroboration rule
Radio button: Ticked Scotland should keep the corroboration rule as it is currently
Please give reasons for your answer:
See both aboves , corroboration is a conerstone the number one foundation of the system, it is as essential as the judge in the system.

Question 12. If the corroboration rule was to be reformed, rather than abolished, what changes do you feel would be necessary?

Field to be completed:
If it is reformed it should be to an even higher standard, this to reduce the potential for wrongful conviction and to eliminate corrupt or malicous actors in the system.

Question 13. Do you feel further safeguards against wrongful conviction should be in place before any reform or abolition of the corroboration rule?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Please give reasons for your answer, including what other safeguards you believe would be appropriate and why:
The safeguards would need to be at least as onerous to achieve, i cannot imagine what these would be however they would have to be well written, simple to understand and strictly enforced with considerable penalties for overuling them.

Question 14. If the corroboration rule was kept or reformed, what else could be done to help people, including those involved in the justice system and the general public, to understand it better?

Field to be completed:
It should be a simple matter to explain via a video or booklet what a straightforward concept like corroboration is in a legal context. The sheriff or prosecution or defence lawyers could always take time to reinforce the message if they suspected the jury was in difficulty grasping any concepts which they put forward.

Part 6: Equality and Human Rights, Other Impacts and Comments

Question 15. Considering the three needs of the public sector equality duty – to eliminate discrimination, advance equality of opportunity and to foster good relations – can you describe how any of the reforms considered in this paper could have a particular impact on people with one or more of the protected characteristics listed in the Equality Act 2010 (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation)?

Please provide an answer
I do not really understand this question. Surely getting put to jail for a crime you did not commit as a result of an unfair trial is an awful experience regardless of your circumstances.

Question 17. Do you feel that any of the reforms considered in this paper would have an impact on human rights?

Please provide an answer
Going to jail or being convicted of a crime you did not commit is surely a major blow to your rights to conduct your life.

Question 18. Do you feel that any of the reforms considered in this paper would have impacts on island communities, local government or the environment?

Please provide an answer
Again i do not really understand this question, is going to jail or being convicted wrongfully easier on an island or possibly more difficult i dont know. I cannot see how the environment can possibly be impacted by reducing jury numbers for example.

About you

What is your name?

Name
David Devoy

Are you responding as an individual or an organisation?

Please select one item
(Required)
Radio button: Ticked Individual
Radio button: Unticked Organisation