While an acquittal is a general term for a not guilty verdict, there is a subtle difference between the two terms under criminal law. Not guilty means that a defendant is not legally answerable for the criminal charge filed against him/her. An acquittal is a finding by a judge or jury that a defendant is not guilty of the crime charged.
Note that an acquittal does not mean that the defendant is innocent in a criminal case. Rather, it means that the prosecutor failed to prove that the defendant was guilty βbeyond a reasonable doubt.β
Note too that an acquittal is not the same thing as when charges get dismissed. A dismissal comes before a jury trial and usually takes place because:
the prosecutor does not believe there is enough evidence to support the case, or
the judge decides a case lacks credibility.
In a dismissal, the case against the defendant ends and he/she does not have to stand trial.
If a judge or jury acquits a defendant, then double jeopardy attaches and the defendant has a complete defense to an additional prosecution for the same offense in the same jurisdiction.
Note that an acquittal does not mean that the defendant is innocent in a criminal case. Rather, it means that the prosecutor failed to prove that the defendant was guilty βbeyond a reasonable doubt.β
Note too that an acquittal is not the same thing as when charges get dismissed. A dismissal comes before a jury trial and usually takes place because:
the prosecutor does not believe there is enough evidence to support the case, or
the judge decides a case lacks credibility.
In a dismissal, the case against the defendant ends and he/she does not have to stand trial.
If a judge or jury acquits a defendant, then double jeopardy attaches and the defendant has a complete defense to an additional prosecution for the same offense in the same jurisdiction.
Forwarded from Kevin Wayne
Interesting. Coincideintally, I am reading the latest Lincoln Lawyer novel by Michael Connelly, The Law of Innocence. He makes the point that there is never a finding of innocence in court. One must prove someone else did it in order to be exonerated.
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βDonald Trump will be back in office in Augustβ - Mike Lindell
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Black on white crime is a daily occurrence in every American city yet the media completely ignores it because it doesn't fit their narrative.
White lives matter....
White lives matter....