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They are not one and the same - there is still the _presumption_ of innocence when being found not guilty. Not guilty means that you were not _proven_ to be gui
by stordoff 8y ago
They are not one and the same - there is still the _presumption_ of innocence when being found not guilty. Not guilty means that you were not _proven_ to be guilty, not that you have been proven to be innocent. You are equally not guilty even if it's pretty clear you did it but there is not quite enough prove, or if proven you didn't do it. You are free from liability under the law, but you are not necessarily factually innocent.
Incidentally, this is largely why Scots law verdicts of acquittal -- "not guilty" and "not proven" -- reflecting the two standards of not guilty. "Not proven" carries the implication that the jury is not convinced of the defendant's innocent, but there is not enough evidence for conviction.
- gowld 8y ago"there is still the _presumption_ of innocence" means that the law treats the accused as innocent, with an extra protection that re-trial is more restricted.
- stordoff 8y agoThat's roughly what I'm saying - the law treats the accused as innocent, but it does not mean this person is _proven_ innocent. Legally, they are innocent, but there is no declaration made on whether the person is _factually_ innocent or not.