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In Norway we have two different "not guilty" outcomes: - "frifunnet på grunn av bevisets stilling" (~"acquitted because of the situation with the evidence" my
by eitland 2y ago
In Norway we have two different "not guilty" outcomes:
- "frifunnet på grunn av bevisets stilling" (~"acquitted because of the situation with the evidence" my best translation at 00:02 in the night) which I think in practice means it wasn't proven that the person did it and so (s)he is acquitted.
- "henlagt som intet straffbart forhold" (~"acquitted as no punishable offense" my best translation at 00:04 in the night) which I think means the investigation not only failed to prove guilt but also proved that a person was not guilty.
I tried to find better translations but wasn't able to. Feel free to fill in.
- schoen 2y agoThis probably matches reasonably well with the three-verdict situation in Scots law. https://en.wikipedia.org/wiki/Not_proven https://en.wikipedia.org/wiki/Not_proven > 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").
- deno 2y agoHow is that better? "Insufficient evidence" verdict is basically slander. It shouldn’t exist. You’re supposed to be presumed not guilty unless proven otherwise. What recourse do you have if you end up with such a verdict? Should you then have to prove your own innocence? That’s exactly what we tried to avoid in the first place.
- eitland 2y agoInsufficient evidence means you are free to go.