An acquittal refers to a finding—whether it’s by a judge or jury—that the defendant is not guilty of the charged crime. It does not mean the defendant was found innocent. (The American criminal justice system doesn't decide innocence.) Rather, an acquittal means a judge or jury has determined that the prosecutor didn’t present sufficient evidence of a defendant’s guilt. This factual determination is important because it generally prevents the prosecutor from appealing or retrying the case on the acquitted charges. In other words, the prosecutor does not get a do-over after there's been an acquittal.
How Is a Defendant Acquitted?
To convict a defendant, a prosecutor must prove every element of an offense beyond a reasonable doubt. Say a prosecutor charges a defendant with burglary. Under the particular state’s law, the prosecutor must prove that the defendant (1) unlawfully (2) entered (3) a structure (4) with the intent to commit (5) a crime inside. If the prosecution’s evidence fails to support just one of these elements, the judge or jury must acquit—that is, find the defendant not guilty. A defendant who entered a structure lawfully, for example, must be acquitted of burglary because the prosecutor failed to prove the first element, an unlawful entry.
An acquittal can come about in a few ways. Most commonly, we hear about an acquittal when a jury returns a verdict of “not guilty.” A defendant can also be acquitted by a judge. When a defendant opts for a bench trial over a jury trial, the judge will consider the evidence and may issue a not-guilty verdict. A judge might also decide, during a jury trial, to grant a defendant’s motion for judgment of acquittal—where a defense attorney challenges the sufficiency of the prosecution’s evidence to support a guilty verdict.
What Does an Acquittal Mean?
An acquittal means different things when it comes to the criminal case versus any related civil case.
Acquittal: Criminal Case
An acquittal, for the most part, ends a criminal case against a defendant for those charges. In some criminal cases, a defendant faces multiple charges. A defendant could be acquitted of burglary, for instance, but still be found guilty of theft.
But, as for the acquitted offense, it's pretty much game over for the prosecutor. The prosecutor can't appeal the verdict or ruling on the issue of the defendant's guilt because doing so would violate double jeopardy principles. (Double jeopardy prohibits the government from prosecuting a defendant more than once for the same crime. Different rules may apply for charges filed in both federal and state court.)
Acquittal: Civil Case
When a criminal case also forms the basis for a civil lawsuit, an acquittal doesn’t end the civil case. Many crimes can form the basis for a civil lawsuit. For instance, an assault might lead to criminal charges and a civil lawsuit for hospital bills. Another example involves a defendant facing manslaughter charges in criminal court and a wrongful death lawsuit in civil court.
In criminal court, the prosecutor must prove all the elements beyond a reasonable doubt (a near-certainty standard). But the plaintiff's burden is much lower in civil court. So, even if a defendant is acquitted of manslaughter, a plaintiff suing the defendant for wrongful death could still convince a judge or jury that the defendant was responsible for the victim’s death by a preponderance of the evidence (a more-likely-than-not standard).
Talk to a Lawyer
Depending on how a criminal trial or case plays out, the rules on acquittals can get a bit confusing. If you have questions regarding the criminal law process, consult a criminal defense attorney.
If you're the victim in a case, you may want to consult with a victim's advocate or a personal injury attorney to see how criminal court rulings may affect a potential or ongoing civil action.