You've Been Acquitted. What Exactly Does That Mean?
"Not Guilty." No sweeter words can be heard from a jury foreperson by a defense attorney at the conclusion of any jury trial. The successful fruition of a long, drawn-out battle validates all the hard work put into a client’s case. Based on common law tradition, an acquittal formally certifies in criminal courts that the innocence of the accused. Under the rules of double jeopardy an acquittal bars the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury trial, or whether it results from the operation of some other rule that discharges the accused.
Double Jeopardy
With one exception, in the United States an acquittal cannot be appealed by the prosecution because of the prohibition against double jeopardy. The United States Supreme Court has ruled that if the judgment is upon an acquittal, the defendant, indeed, will not seek to have it reversed, and the government cannot. A verdict of acquittal is a bar to a subsequent prosecution for the same offense. Society's awareness of the heavy personal strain which a criminal trial represents for the individual defendant is manifested in the willingness to limit the Government to a single criminal proceeding to vindicate its very vital interest in enforcement of criminal laws. Whether the trial is to a jury or to the bench, subjecting the defendant to postacquittal factfinding proceedings going to guilt or innocence violates the Double Jeopardy Clause.
Government Sour Grapes
The Supreme Court of the United States has also held that a judgment of acquittal by a jury cannot be appealed by the prosecution. The Supreme Court has held this applicable to bench trials (trials with no jury). The only exception to an acquittal being final is if the defendant was never in jeopardy at all at trial. An example is if a defendant bribes a judge and obtains acquittal as a result of a bench trial (as happened in Chicago, Illinois), the acquittal is not valid because the defendant was never in jeopardy in the first place.
Civil Actions and Separate Jurisdictions
An acquittal, while conclusive as to criminal law, does not necessarily bar civil actions against private parties in tort or on some other grounds as a result of the facts alleged in the charge. For example, O.J. Simpson was held civilly liable for wrongful death even after being tried and acquitted of murder. In the United States Federal courts are not barred from prosecuting defendants for the same offense pursued on the state level. For example, in the United States someone acquitted of a state murder charge can be retried for the same actions on a federal charge of violating civil rights.
For an initial consultation with the Kerns Law Office, call (785) 371-4159 or send us an e-mail.
