Acquittal in the United States
Formal certification that a person is not guilty of a criminal charge. An acquittal is a finding of fact by a jury or a judge that the state has not proven “beyond a reasonable doubt” that the defendant committed the charged offense. A case dismissed before trial on grounds of insufficient evidence may be considered the equivalent of an acquittal. The opposite verdict from acquittal is conviction.
See Also
Conviction (Criminal Process) Jury (Criminal Process) Verdict (Criminal Process).
Analysis and Relevance
An acquittal is a verdict of “not guilty,” and it formally discharges a person from a criminal charge. An acquittal means that while the prosecution may have been able to sustain charges at a prima facie level to obtain bind over for trial, the prosecution was unable to satisfy the more demanding standard of evidence required to convict. An acquittal prohibits the state from retrying a person on the same charge under terms of the double jeopardy protection found in state and federal constitutions.
Notes and References
- Definition of Acquittal from the American Law Dictionary, 1991, California
Acquittal Definition
In Contracts. A release or discharge from an obligation or engagement. 26 Wend. (N. Y.) 283. According to Lord Coke, there are three kinds of acquittal, namely, by deed, when the party releases the obligation; by prescription; by tenure. Co. Litt. 100a. In Criminal Practice. The absolution of a party charged with a crime or misdemeanor. The absolution of a party accused on a trial before a traverse jury. 1 Nott & McC. (S. C.) 36; 3 McCord (S. C.) 461. Acquittals in fact are those which take place when the jury, upon trial, finds a verdict of not guilty. Acquittals in law are those which take place by mere operation of law; as where a man has been charged merely as an accessary, and the principal has been acquitted. 2 Inst. 364. Effect on subsequent prosecution, see Jeopardy.
Acquittal in Foreign Legal Encyclopedias
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| Acquittal | Acquittal in the World Legal Encyclopedia. |
| Acquittal | Acquittal in the European Legal Encyclopedia. |
| Acquittal | Acquittal in the Asian Legal Encyclopedia. |
| Acquittal | Acquittal in the UK Legal Encyclopedia. |
| Acquittal | Acquittal in the Australian Legal Encyclopedia. |
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Legal Issue for Attorneys
In Contracts. A release or discharge from an obligation or engagement. 26 Wend. (N. Y.) 283. According to Lord Coke, there are three kinds of acquittal, namely, by deed, when the party releases the obligation; by prescription; by tenure. Co. Litt. 100a. In Criminal Practice. The absolution of a party charged with a crime or misdemeanor. The absolution of a party accused on a trial before a traverse jury. 1 Nott & McC. (S. C.) 36; 3 McCord (S. C.) 461. Acquittals in fact are those which take place when the jury, upon trial, finds a verdict of not guilty. Acquittals in law are those which take place by mere operation of law; as where a man has been charged merely as an accessary, and the principal has been acquitted. 2 Inst. 364. Effect on subsequent prosecution, see Jeopardy.
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Notice
This definition of Acquittal Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Plain-English Law
Acquittal as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):
A decision by a judge or jury that a defendant in a criminal case is not guilty of a crime.
Resources
See Also
Further Reading (Articles)
Statistics show Munster juries have greater tendency towards acquittals, The Irish Times; April 12, 2005; Anne Lucey
Hard Cases Make Good Law: The Intellectual History of Prior Acquittal Sentencing, St. John’s Law Review; October 1, 2010; Murray, Claire McCusker
Double jeopardy, acquittal appeals, and the law-fact distinction., Cornell Law Review; July 1, 2001; Alogna, Forrest G.
Acquittal Liability? Look To Financial Control., Mondaq Business Briefing; January 9, 2009; Wylynko, Brad
SPURT OF ACQUITTALS RAISES CONCERNS, The Roanoke Times (Roanoke, VA); April 18, 2004; Jen McCaffery jen.mccaffery@roanoke.com 981-3336
Bihar government asserts right to challenge Lalu’s acquittal, Hindustan Times (New Delhi, India); August 28, 2008
SJC will study rate of OUI acquittals ; Says confidence in judiciary paramount More than 80% go free in jury-waived trials, The Boston Globe (Boston, MA); November 1, 2011; Thomas Farragher
State appeals Olmert acquittals, light sentence to Supreme Court. On visit to New York, former PM accuses Netanyahu of ‘making Israel a partisan issue’ in US elections, Jerusalem Post; November 8, 2012; YONAH JEREMY BOB LAHAV HARKOVYONAH JEREMY BOB and LAHAV HARKOV
Bihar cannot challenge Lalu’s acquittal, rules apex court, Hindustan Times (New Delhi, India); April 1, 2010
Italian Court Upholds Andreotti Acquittal, AP Online; October 15, 2004; ALESSANDRA RIZZO, Associated Press Writer
U.S. Supreme Court Justices Question Consequences of Wrongful Acquittals, Lawyers USA; November 7, 2012; Atkins, Kimberly
Supreme Court to hear state’s
appeal of Olmert’s acquittal. Prosecutors will attempt to prove guilt in Rishon Tours, Talansky affairs. State says the court entertained wildly unlikely scenarios in a, Jerusalem Post; July 2, 2013; YONAH JEREMY BOB
Acquittals bring flood of calls for change., New Zealand Herald (Auckland, New Zealand); May 30, 2008
Bribery Case: Mizin Ex-CEO Acquittal Verdict Upheld, Khaleej Times (Dubai, United Arab Emirates); October 21, 2013
Acquittal in Five References NAB Submits Rejoinder against Zardari’s Pleas, The Nation (Karachi, Pakistan); February 4, 2014
Italy Stunned by Marine’s Acquittal, AP Online; March 4, 1999
Mexican appeals court overturns acquittal of two men in killing of U.S. journalist, gives them minimum sentence, AP Worldstream; May 31, 2002
Zuroff: Munich acquittal should not discourage prosecution of Nazis, Jerusalem Post; December 20, 2005; Jerusalem Post Staff and AP
Supreme Court hears state’s appeal of Olmert acquittals, Jerusalem Post; July 3, 2013; YONAH JEREMY BOB
Indonesian acquittal has shades of the past Rights groups see military as above law, International Herald Tribune; July 13, 2005; Vaudine England
Acquittal in State Statute Topics
Introduction to Acquittal
The purpose of Acquittal is to provide a broad appreciation of the Acquittal legal topic. Select from the list of U.S. legal topics for information (other than Acquittal).
Resources
Further Reading
- Information about Acquittal in the Gale Encyclopedia of American Law.
Acquittal Definition in the context of the Federal Court System
Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt. In other words, a verdict of “not guilty.” Under the Double Jeopardy clause of the Constitution, an acquitted defendant may never be tried again criminally for the same offense.
Acquittal in Juvenile Law
In this context, Acquittal information is available through this American legal Encyclopedia.
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