Also known as: judgment of acquittal · judgement of acquittal · judgements of acquittal · acquittal · motion for judgment of acquittal
Written by attorneys · grounded in primary & secondary sources — see below
A judicial order entered when evidence is insufficient to sustain a conviction or when an established defense such as insanity precludes liability. The order terminates the prosecution and bars retrial on the same charges under double-jeopardy principles.
Joy Jiang was charged with arson after setting fire to a vacant building during a psychotic episode. Medical experts testified that her delusions about government surveillance caused the act. The court entered a judgment of acquittal because the offense would not have occurred but for her mental disease.
Jose Jimenez was tried for felony theft and convicted of the lesser offense of misdemeanor trespass. After the conviction was later vacated, the state attempted to recharge him with the greater theft count. The court entered a judgment of acquittal on the greater charge because the prior finding necessarily resolved it in his favor.
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Jordan Jenkins was convicted of wire fraud on the basis of ambiguous bank records. On appeal the court held the evidence legally insufficient. The reversal operated as a judgment of acquittal and barred any retrial on the same charges.
Jessica Jacobs faced embezzlement charges. After the government rested, her counsel moved for acquittal because the records showed only authorized transfers. The court granted the motion and entered a judgment of acquittal on all counts.
Joanna Jung was charged with assault after attacking a perceived threat during a dissociative episode. Evidence showed she could not conform her conduct to the law because of longstanding mental illness. The court entered a judgment of acquittal under the irresistible impulse standard.
Jason Jung was acquitted in federal court on drug-trafficking charges arising from a single shipment. State prosecutors later sought to charge him under identical state statutes for the same conduct. The court entered a judgment of acquittal and dismissed the state case because the prior acquittal barred the subsequent prosecution.
A court must enter a judgment of acquittal after the government closes its case or after all evidence if the evidence is insufficient to sustain a conviction. The court may also act on its own motion and may reserve decision until after the verdict.
Yes. When a conviction is reversed on appeal because the evidence was legally insufficient, the reversal is equivalent to an acquittal and the Double Jeopardy Clause bars retrial.
Under the Durham rule the defendant receives an acquittal if the offense was the product of mental disease or defect. Under the irresistible impulse test the defendant receives an acquittal if mental illness prevented control of actions or conformity to law, even if the lack of control developed gradually.
A finding of guilty on a lesser included offense is an acquittal of the greater inclusive offense even if the conviction is later set aside.
Yes. When the first prosecution resulted in an acquittal and the subsequent prosecution is based on the same conduct, the later prosecution is barred unless an exception applies.
…trespass statute. The judgments are accordingly reversed and the matters remanded to the County Court with directions to enter judgments of acquittal. For reversal and remandment — Chief Justice Weintraub and Justices Jacobs, Francis, Proctor, Hall and Schettino — 6. For affirmance — None.