To avert this injustice, the jury decided to assert what it believed to be their «ancient right» to judge the whole case and not just the facts, rendering the verdict of «not guilty», which remains in Scotland to this day. Over time, however, juries have tended to favour the «not guilty» verdict over «not proven» and with this the interpretation has changed. Now the «not guilty» verdict has become the normal verdict when a jury is convinced of innocence and the «not proven» verdict is only used when the jury is not certain of innocence or guilt.[citation needed].

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