![]() In order to have the record wiped clean, an acquitted individual must petition a court to have their record cleared. In fact, acquitted individuals still have a criminal record. The law says the defendant was already in jeopardy once or that “jeopardy attaches.” What are the consequences for people who are found not guilty and those who are convicted?īeing acquitted doesn’t mean an individual’s record is expunged. The government loses its power to re-prosecute a defendant. The defendant cannot have multiple punishments for the same offense.The defendant cannot have double convictions for the same offense.The defendant cannot be prosecuted for the offense.What this also means is that the Double Jeopardy Clause found within the fifth Amendment of the United States Constitution applies.Īfter an acquittal, double jeopardy guarantees: If the defendant is acquitted or found not guilty, (provided it isn’t a partial acquittal) all charges are dropped and the defendant is free to go (if in prison, they are released). What are the legal implications of being acquitted or found not guilty? In this case, the prosecution can typically appeal. The only exception is if the judge granted the motion for judgement of acquittal after the jury reached a guilty verdict. The case cannot be brought again by the prosecution because of double jeopardy, preventing a defendant from being tried twice for the same crime. If the motion for judgement of acquittal based on insufficient evidence is granted, the charges are dismissed and the defendant is free to leave. For starters, judges don’t want to interfere with the jury process, so there must be sparse evidence for them to step in. It is difficult to win a motion for judgement of acquittal. If evidence isn’t presented at trial, it cannot be considered (for example, if prior drug convictions weren’t presented in trial for a drug possession charge). They can only consider the evidence at hand presented in trial. Judges cannot grant a motion for judgement of acquittal because they feel or think the defendant is guilty. There isn’t enough evidence to move forward on a conviction on drug dealing, but there is sufficient evidence to prove drug possession, the defendant is partially acquitted. For example, let’s say a defendant is being charged with drug possession and drug dealing. But, in a partial acquittal, a defendant is found not guilty of one charge, but guilty of another offense. A full acquittal means that after a jury or bench trial, the jury or judge finds the defendant not guilty on all charges. There are full acquittals and partial acquittals. The defense argues that no jury could possibly find guilt beyond a reasonable doubt. The motion for acquittal depends on the claim of insufficient evidence for a conviction at trial. When can a judge order an acquittal?Įven in jury trials, a judge has the ability to acquit a defendant. In other words, all acquittals mean a not guilty verdict, but not all not guilty verdicts are acquittals. Not guilty means that a defendant isn’t legally answerable for the crime. An acquittal is a finding by a judge or jury that the defendant in question isn’t guilty of the crime. Is there a difference between being acquitted and being found not guilty?Īn acquittal is a general term for a not guilty verdict, there are differences between the two under criminal law. ![]() If the evidence brought in wasn’t sufficient enough to come to a guilty verdict, it results in an acquittal. In federal criminal trials, the jury must reach a decision unanimously in order for a conviction. The job of the judge isn’t to take sides with the prosecution or defense but rather uphold the law.Īfter hearing opening statements, witness examination, objections, and closing arguments, the jury deliberates (the process of deciding whether the defendant is guilty or not). The judge decides what evidence can be shown to the jury during a trial. Both sides are represented by an attorney. The defendant may also bring in witnesses and evidence to counter the prosecution although they need not prove their innocence. During trial, the prosecutor brings in witnesses and evidence to prove their case against the defendant to the jury or judge. The preponderance of evidence and culpability was gathered, the accused was charged and given a formal trial. Before a jury or judge (if it’s a bench trial) may convict a person of a crime, they must be convinced of guilt beyond a reasonable doubt.įor an acquittal or “not guilty” verdict, a suspect is formally dismissed by due process. A suspect is entitled to due process of the law.
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