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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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