Also known as:judgement of acquittal · judgments of acquittal · judgements of acquittal · acquittal judgment · directed acquittal
Written by attorneys · grounded in primary & secondary sources — see below
A court order directing that a defendant be acquitted of one or more charges because the prosecution evidence is legally insufficient to support a conviction. The order may be entered on the defendant's motion or on the court's own initiative after the government closes its case or after all evidence is presented. Entry of the order terminates the prosecution on the affected charges with the force of an acquittal.
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How it applies
Common Examples
6
Mid-Trial Insufficiency Ruling
Jordan Jenkins stood trial on wire-fraud charges. After the government rested, Jenkins moved for a judgment of acquittal. The district court found the evidence failed to prove the required intent element and granted the motion, ending the case without submitting any count to the jury.
Post-Verdict Renewal Motion
Jerome Jackson was convicted by jury on conspiracy charges. Fifteen days later his counsel filed a renewed motion for judgment of acquittal. The court considered whether any rational juror could have found the evidence sufficient and denied the motion as untimely under the fourteen-day limit.
Recorded Conversation Evidence Challenge
Julia Jensen faced charges arising from recorded vendor conversations. After the jury convicted her, she moved for judgment of acquittal within fourteen days, arguing the recordings could not prove a corrupt agreement. The court reviewed the evidence in the light most favorable to the government and denied relief.
United States v. White401 U.S. 745, 91 S.Ct. 1122, 28 L.Ed.2d 453 (1971)
Possession Evidence Review
Javier Jimenez was convicted after officers testified they saw him discard an object. He moved for judgment of acquittal, claiming the testimony could not establish knowing possession. The court examined the record and concluded a rational jury could find the element proved, so it denied the motion.
United States v. Stevens559 U.S. 460 (2010)
Intent Element Assessment
Jeanette Jensen was tried for targeting a law-enforcement officer. At the close of the state's case she moved for judgment of acquittal on the ground that intent to kill an officer had not been proved. The trial court denied the motion and allowed the case to proceed to the jury.
Clark v. Arizona548 U.S. 735, 752 n.20, 126 S.Ct. 2709, 165 L.Ed.2d 842 (2006)
Post-Trial Sufficiency Motion
Jason Jung was convicted on multiple counts. Within fourteen days after the verdict he renewed his motion for judgment of acquittal. The court evaluated whether the evidence met the constitutional sufficiency standard and denied the motion, preserving the jury's findings.
County Court of Ulster County, N. Y. v. Allen442 U.S. 140 (S.Ct.1979)
Common questions
Frequently Asked
5
When does a judgment of acquittal bar a second prosecution for the same offense?+
A judgment of acquittal bars retrial because it constitutes an acquittal for double-jeopardy purposes. The bar applies whether the ruling follows a jury trial or a bench trial and whether the judge's sufficiency determination is correct or mistaken.
Supporting sources
How long does a defendant have to move for judgment of acquittal after a guilty verdict?+
A defendant may move for judgment of acquittal or renew an earlier motion within fourteen days after a guilty verdict or after the jury is discharged, whichever occurs later.
Does a judgment of acquittal on a greater offense survive reversal of a conviction on a lesser included offense?+
Yes. An express or implied determination that evidence is insufficient to support the greater offense operates as an acquittal of that offense even if a conviction on the lesser included offense is later set aside.
Supporting sources
May the government appeal a judgment of acquittal entered after a guilty verdict?+
Yes. When the court grants a post-verdict judgment of acquittal, the government may appeal without violating double jeopardy because reversal would merely reinstate the jury verdict.
Supporting sources
Is a prior judgment of acquittal a prerequisite for a post-discharge motion under Rule 29(c)?+
No. A defendant need not have moved for judgment of acquittal before the case was submitted to the jury in order to file a timely post-verdict motion.
Supporting sources
] that a similar motion has been made prior to the submission of the case to the jury"); Burks v. United States , 437 U. S. 1, 17-18 (under federal law a post-trial motion for a new trial…
. He argues that the government failed to prove that he knowingly possessed the firearm. In reviewing the denial of a motion for
judgment of acquittal
, we must view the evidence in the light…
of any offense for which the evidence is insufficient to sustain a conviction.” Fed. R.Crim.P. 29(a). In considering a challenge to the sufficiency of the evidence, the court determines…
as to five petitioners and to grant a new trial as to the others. The principal holdings are summarized as follows: (1) the three-year statute of limitations barred the organizing charge…
Criminal Law & ProcedureConstitutional protection of accused persons · Double jeopardyUBEFoundational