Acquittal vs not guilty2/20/2023 If acquitted on all the charges, the case is over and the judge must release a defendant who is in custody (sitting in jail pending trial). In many criminal cases, a defendant will face multiple counts or charges. What's Next?: After an AcquittalĪn acquittal will generally mean the end of the case on those charges. While we often hear of guilt and innocence in our justice system, it's really guilty or not guilty of the charges presented by the government. A hung jury means that no decision was reached either way. Basically, the prosecution had its one chance to prove the case and didn't. An acquittal or not-guilty verdict means the jury or judge was not convinced of the defendant's guilt. The criminal justice system doesn't necessarily decide a defendant's innocence. Because no conclusion was reached on the facts of the case, the judge can typically allow a retrial in the case of a hung jury. If a jury can't decide one way or another that a defendant is guilty or not guilty, the jury is said to be deadlocked or hung, which often leads to a mistrial. (The Double Jeopardy Clause in the Constitution bars prosecuting a case more than once.) Hung JuryĪ hung jury does not result in an acquittal. In most cases, a prosecutor cannot appeal an acquittal. An acquittal may also come about if the judge sets aside a jury's guilty verdict due to insufficient evidence. For instance, after hearing the prosecution's case, a defense attorney may ask the judge to enter a judgment of acquittal based on the argument that the prosecution's evidence was insufficient for a guilty verdict. An acquittal can also occur in a few other ways, short of a verdict. AcquittalĪ not-guilty verdict from a judge or jury results in an acquittal because the prosecution failed to meet its burden of proving the defendant guilty. That decision-which must be unanimous for a jury-will be a verdict of guilty or not guilty. When a defendant goes to trial, a judge or jury will hear all the evidence, deliberate, and decide whether the prosecutor met its burden of proof in the case. With the above background in mind, let's break down the meanings and differences between guilty and not guilty, acquittal, hung jury, and innocence. Understanding the Terms: Acquitted, Not Guilty, Innocence, Hung Jury If the government fails to do so, even on just one element, it hasn't met its burden and the judge or jury must acquit the defendant-that is, they must find the defendant not guilty.Īn acquittal can also occur when a judge makes any ruling-such as on a trial motion-that the prosecution's evidence is insufficient to prove a defendant's guilt. Rather, the government (the prosecutor) must prove a defendant's guilt beyond a reasonable doubt on every element of the charged offense.Ī judge or jury can only convict the defendant-find the defendant guilty-when the government meets this burden by presenting sufficient evidence on each and every element of the crime. ![]() criminal justice system, defendants don't have to prove their innocence. Acquittal: Evidence Insufficient to Prove Guilt Whether a case ends with an acquittal is important because it determines whether or not a prosecutor can appeal or retry the case. Acquittals can occur in a few other ways, as well. Most often, we hear a defendant is acquitted when a jury enters a verdict of not guilty. ↑ O.J.When a defendant is acquitted, it means the prosecution did not convince a judge or jury of a defendant's guilt.This third verdict is sometimes called the Scottish verdict, and there have been calls for its adoption in other common law jurisdictions. This verdict is designed to indicate that the jury is not convinced of the defendant's innocence, but there is insufficient evidence for a conviction. In Scottish law, a jury is able to return a verdict of "Not Proven" as well as the familiar "not guilty" and "guilty" verdicts. The anomaly is created due to the differing standards of proof required between civil and criminal jurisdictions (on the Preponderance of the evidence vs beyond reasonable doubt). The most notable case in which this occurred was in the OJ Simpson murder trial where he was found not guilty of the murder of his wife, but found responsible for her death in a civil wrongful death judgment. This fact has created anomalies where a person has been not guilty of a crime, may still be held civilly responsible for the act. It should not be viewed as proof of the defendant's innocence. Its main use is in criminal law, where an acquittal is the finding that a defendant is "not guilty." This means only that the prosecution has been unable to prove that there was sufficient evidence to prove beyond a reasonable doubt that the defendant committed the crime for which he was charged. ![]() An acquittal is a release, absolution, or discharge of an obligation or liability.
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