词源与由来: From Old French 'acquiter' meaning 'to discharge or settle a debt,' from medieval Latin 'acquietare' (to put at rest). In law, it came to mean freeing someone from the charge against them.
An acquittal may occur at several stages: during trial if the judge grants a Rule 29 motion finding insufficient evidence, or after the jury returns a not guilty verdict. When the judge directs an acquittal, they determine that no reasonable jury could find guilt beyond a reasonable doubt based on the evidence presented. After acquittal, the defendant is immediately released from custody if detained. The prosecution cannot appeal an acquittal, making it the most final of all criminal dispositions. However, acquittal in criminal court does not prevent a civil lawsuit arising from the same conduct, as the civil burden of proof is lower.
Defense Counsel: "Your Honor, we move for judgment of acquittal under Rule 29 on the grounds that the prosecution has presented insufficient evidence on the element of intent."
Judge: "The motion for acquittal is granted. The defendant is discharged."
Judge: "The jury having returned a verdict of not guilty on all counts, the defendant is acquitted and free to go."
Students sometimes confuse acquittal with dismissal. A dismissal may or may not bar retrial depending on whether it is with or without prejudice, but an acquittal absolutely bars retrial under double jeopardy.
Fong Foo v. United States, 369 U.S. 141 (1962)
Held that a directed verdict of acquittal is final and cannot be reviewed on appeal, even if entered erroneously.
Evans v. Michigan, 568 U.S. 313 (2013)
Reaffirmed that an acquittal bars retrial regardless of how erroneous the legal basis was.
Smith v. Massachusetts, 543 U.S. 462 (2005)
Held that a midtrial acquittal on a charge is final and cannot be reconsidered within the same trial.
| Acquittal (Directed) | Not Guilty Verdict (Jury) |
|---|---|
| Entered by the judge as a matter of law | Returned by the jury after deliberation |
| Judge finds insufficient evidence as a matter of law | Jury finds reasonable doubt exists |
| Can occur before case goes to jury | Occurs only after full jury deliberation |
| Based on legal insufficiency of the evidence | May reflect jury nullification or doubt |
| Both permanently bar retrial under double jeopardy | Both permanently bar retrial under double jeopardy |
Can the prosecution appeal an acquittal?
No. Under the Double Jeopardy Clause, an acquittal is final and cannot be appealed, regardless of legal errors during trial. This applies whether from a jury verdict or directed verdict.
What is the difference between an acquittal and a dismissal?
An acquittal is a finding on the merits that the prosecution failed to prove guilt, permanently barring retrial. A dismissal terminates on procedural grounds and may or may not bar refiling.
Can a defendant be acquitted criminally but still face civil liability?
Yes. Criminal acquittal means guilt was not proven beyond a reasonable doubt, but a plaintiff may still prove liability by a preponderance of evidence (different standard).
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