acquittal
An acquittal is a resolution of some or all of the factual elements of the offense charged. The trier of fact, whether the jury or the court, must render a verdict of finding the defendant not guilty of the charged offense. A not guilty finding is an adjudication that proof at a prior proceeding was insufficient to overcome all reasonable doubt of guilt of the accused. One who is acquitted is judicially discharged from an accusation and is absolved. The Double Jeopardy Clause bars appeal and retrial by the prosecutor. See: U.S. Const. Amend. V.
Acquittals will often come in the form of a judgment that the defendant was “hereby dismissed of the within charge.” After an acquittal, there is no basis on which a punishment may be imposed unless there is evidence of another offense that is otherwise admissible. In that case, the fact that the defendant was acquitted does not automatically render the evidence inadmissible. Further, a defendant may not introduce a co-defendant's acquittal as evidence that the other co-defendant is not guilty.
[Last reviewed in February of 2025 by the Wex Definitions Team]
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