Verdicts
A verdict refers to the decision made by a jury in legal cases, determining the outcome based on the evidence presented and the applicable laws. In criminal justice, verdicts are particularly significant as they lead to either guilt or innocence, with a unanimous decision typically required from jurors. If a defendant is acquitted, they cannot be retried on the same charges due to the principle of double jeopardy, ensuring protection against repeated legal jeopardy.
Verdicts can be classified as either general or specific; a general verdict results in a clear declaration of "guilty" or "not guilty," while a special verdict involves the jury answering specific factual questions, with the court making the final legal determination. In civil cases, juries may also determine outcomes through general or special verdicts, but the rules regarding unanimity can vary, allowing for decisions by majorities in some jurisdictions. The presentation of the verdict requires the presence of the jury and the defendant, and both parties have the right to poll the jury to confirm their agreement with the verdict. If the jury cannot reach a consensus, retrial is possible, highlighting the nuanced nature of verdicts within the judicial system.
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Verdicts
Definition: Formal decisions or findings made by juries or judges upon matters of fact submitted to them for deliberation and determination
Significance: Verdicts in criminal justice cases can differ from those in civil cases, as defendants who are issued verdicts of acquittal cannot be tried again.
In legal cases the court interprets the applicable law associated with a given case and explains the law to the jury. Based on the presented evidence the jury must determine the facts in the case and make a proper application of the law relating to those facts to arrive at a verdict. In general, the jury’s verdict must be unanimous, but many states have modified the condition of unanimity, particularly in civil cases, so that verdicts can be rendered by designated majorities of the juries.
Verdicts may be either general or specific. A general verdict is that in which the jury pronounces “guilty” or “not guilty” and thus decides whether the plaintiff or the defendant wins the case. A general verdict is the verdict most often rendered in criminal cases. Moreover, in criminal cases the verdict must generally be unanimous and must be returned by the jury to the judge in open court. This verdict is based on every material fact submitted for the consideration of the jury. The court may also submit to the jury appropriate forms for a general verdict and, in some cases, a list of written questions concerning one or more of the relevant issues to the case that must be answered in the process of determining the verdict.
When the jury is asked by the court to answer specific questions of fact but leaves any decisions based on the law to the court, it is called a special verdict. The court often requires that the jury return a special verdict in the form of a special written finding upon each issue of fact, and the court determines if the defendant is guilty or not based on those answers. Civil cases may be decided by either a general or a special verdict.
When the verdict is presented in court, the defendant and all the jury members must be present. In most jurisdictions, both the plaintiffs and the defendants have the right to have the jury polled. When they are polled, the jury members are asked if the stated verdict is the one that they favored. A verdict will not stand if the required number of jurors does not answer this question in the affirmative.
When the evidence conclusively dictates a clear verdict in favor of one of the litigants, the judge has the authority in many states to direct the jury to render a verdict in favor of either the plaintiff or the defendant. If it is evident to the court that a verdict is against the weight of the evidence, the court may order a new trial. However, in criminal cases, a verdict of acquittal is conclusive upon the prosecution (the state) so that the defendant will not be subjected to double jeopardy. However, in the event that the jury cannot reach a verdict, the defendant may be tried again.
Bibliography
Kavlen, Harry, and Hans Zeisel. The American Jury. Boston: Little, Brown, 1966.
Litan, Robert E., ed. Verdict: Assessing the Civil Jury System. Washington, D.C.: Brookings Institution, 1993.