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Topic: Acquittal


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In the News (Sat 10 Jan 09)

  
  Strategy Results In Acquittal - Law Firm Denner Pellegrino Counselors At Law Attorneys Boston, Massachusetts
Firm wins appeal - Assault case for defendant diagnosed with Williams Syndrome
By convincing the court that there existed no common scheme or pattern of criminal conduct, our attorneys won a Motion in Limine for Severance, thereby resulting in four separate trial dates.
Result: Acquittal on the first two trials; and the Commonwealth, not wanting to proceed further, subsequently dismissed the remaining two counts against our client.
www.dennerlaw.com /CM/SignificantCases/Strategy-Results-In-Acquittal.asp   (227 words)

  
  Acquittal - Wikipedia, the free encyclopedia
In criminal law, an acquittal is the legal result of a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict of guilty being entered against the accused.
In the common law tradition, an acquittal formally certifies the innocence of the accused, as far as the criminal law is concerned.
The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict, or whether it results from the operation of some other rule that discharges the accused.
en.wikipedia.org /wiki/Not_guilty   (280 words)

  
 JewishEncyclopedia.com - ACQUITTAL IN TALMUDIC LAW:   (Site not responding. Last check: 2007-10-19)
It was not so much their business to weigh conflicting evidence as to decide upon the competency and the sufficiency of the testimony given by the witnesses according to certain hard and fast rules.
But the majority of one for Acquittal was deemed sufficient by all, while if the majority among the judges for conviction was no greater than one, new judges had to be added to the court until a result was reached; either a conviction by a greater majority than one or an Acquittal.
An Acquittal once pronounced was irrevocable; the judgment could never be reopened, nor the trial resumed, though the clearest evidences of guilt might thereafter come to light, or though the court had erred most grievously in applying the law.
www.jewishencyclopedia.com /view.jsp?artid=747&letter=A   (1009 words)

  
 CJLF: Briefs: Price v. Vincent - Argument, Part II B - Conclusion (File 3 of 3)
It is difficult to argue with the logic that silence on the greater offense is an acquittal when the jury convicts on the lesser offense.
Scottexpounded on what constituted an acquittal, noting that acquittals could be based on the prosecution's failure to rebut affirmative defenses, or derived from " 'erroneous evidentiary rulings or erroneous interpretations of governing legal principles. . . .' " Id., at 98 (quoting id., at 106, Brennan, J., dissenting).
In Martin Linen, there was an acquittal in both form by the clear grant of a Federal Rule of Criminal Procedure 29(c) motion to acquit and dismiss the jury, see 430 U. S., at 566, and in substance, by the District Court's reasons for granting the motion.
www.cjlf.org /briefs/Vincent2.htm   (3459 words)

  
 FRCRMP - Rule 29 (LII 2004 ed.)   (Site not responding. Last check: 2007-10-19)
A defendant may move for a judgment of acquittal, or renew such a motion, within 7 days after a guilty verdict or after the court discharges the jury, whichever is later.
A defendant is not required to move for a judgment of acquittal before the court submits the case to the jury as a prerequisite for making such a motion after jury discharge.
If the court enters a judgment of acquittal after a guilty verdict, the court must also conditionally determine whether any motion for a new trial should be granted if the judgment of acquittal is later vacated or reversed.
www.law.cornell.edu /rules/frcrmp/Rule29.htm   (380 words)

  
 acquittal --  Encyclopædia Britannica
Such a judgment may be made by a jury in a trial or by a judge who rules that there is insufficient evidence either for conviction or for further proceedings.
It is held that acquittal or conviction of an offense prohibits subsequent prosecution of a...
In the 1960s he became a criminal lawyer and won acquittals in the notorious murder cases of Dr. Samuel Sheppard and Dr. Carl Coppolino.
www.britannica.com /eb/article-9003578?tocId=9003578   (770 words)

  
 FindLaw: U.S. Constitution: Fifth Amendment: Annotations pg. 4 of 16
Acquittal by Jury.--Little or no controversy accompanies the rule that once a jury has acquitted a defendant, government may not, through appeal of the verdict or institution of a new prosecution, place the defendant on trial again.
United States, 103 the trial judge erroneously excludes evidence and then acquits on the basis that the remaining evidence is insufficient to convict, the judgment of acquittal produced thereby is final and unreviewable.
Their view is that the rule against retrials after acquittal does not, as the Court believed, ''safeguard determination of innocence; rather, it is that a retrial following a final judgment for the accused necessarily threatens intolerable interference with the constitutional policy against multiple trials.'' Id. at 101, 104 (Justices Brennan, White, Marshall, and Stevens).
caselaw.lp.findlaw.com /data/constitution/amendment05/04.html   (1969 words)

  
 No. 02-524: Price v. Vincent - Amicus (Petition)
The court began by explaining that an "acquittal" for double jeopardy purposes entails a "ruling" that "actually represents a resolution, correct or not, of some or all of the factual elements of the offense charged." Id. at 34a (quoting United States v.
If a trial court were barred from reconsidering its initial grant of an acquittal, moreover, the attachment of double jeopardy protections would frequently turn on an effort to determine whether the court's extemporaneous remarks from the bench amounted to a concrete ruling in favor of an acquittal.
Instead, the ruling inherently is subject to revision until the entry of final judgment, and a request by the government to reconsider the ruling or a suggestion by the court that the ruling may be reconsidered has the effect of rendering the matter unresolved and the initial ruling non-final.
www.usdoj.gov /osg/briefs/2002/2pet/5ami/2002-0524.pet.ami.html   (6042 words)

  
 BCCLA Position Paper: Costs to accused on acquittal, 1983
However, when the judge decides not to award costs upon acquittal, he or she is making a fresh assessment of the facts or of the accuracy of the jury's verdict.
It would appear then that if technical acquittals are the result of inadequacies in the law, or in the operation of the courts, or the conduct of the prosecution, the remedy should be sought in the appropriate place, and not through cost awards.
On acquittal of the accused, costs should be levied against a private prosecutor or private informant where the prosecution was commenced without reasonable and probable grounds to believe that the accused committed the offence charged.
www.bccla.org /positions/dueprocess/83costs.html   (14166 words)

  
 Acquittal-8/1
The 2 men were released from federal custody after the acquittal, while several dozen of the men's relatives wept in the courtroom after the verdicts were read.
The jury had been sequestered since Tuesday, and it was not immediately clear whether questions about the federal government's right to have jurisdiction in the case affected their decision.
Acosta Martinez, said last night that the acquittal was a blow to the Justice Department's attempts to administer the death penalty even in regions that oppose or outlaw it for nonfederal trials.
www.ncadp.org /html/acquittal-8_1.html   (667 words)

  
 US Blamed for Sept 11 Acquittal as German Prosecutors Appeal
German federal prosecutors and relatives of September 11 victims lodged parallel appeals over the acquittal of a suspect in the suicide jet attacks, as the United States came under fire for withholding vital evidence.
But most commentators blamed the acquittal on the repeated refusal of US justice authorities to release evidence from a key al-Qaeda suspect in their custody.
In a sign of German frustration, federal prosecutor Kay Nehm said he hoped the acquittal would spark a discussion "at high political level" in the United States to enable Binalshibh to be questioned, possibly via a satellite link.
www.commondreams.org /headlines04/0206-04.htm   (774 words)

  
 Jackson not guilty on all counts - Michael Jackson Trial - MSNBC.com
His fans, kept behind barriers at a distance from the courthouse, shouted and wept with joy over Jackson's acquittal, celebrating a complete victory for the singer's defense team, though one that may not repair his tarnished and ever more bizarre public image.
Defeat for D.A. Jackson's acquittal was an astounding defeat for District Attorney Thomas Sneddon, who long pursued charges against the singer.
Jackson's handlers viewed the documentary as a P.R. nightmare, according to testimony, and worked to prepare a so-called "rebuttal" video to counter the details revealed in the British-produced film, which was seen by many at the time as a confirmation of longtime suspicions about Jackson's relationships with children.
www.msnbc.msn.com /id/8062350?GT1=6657   (829 words)

  
 Ohio Criminal Attorney, DUI, White Collar Crime, Drunk Driving
Won an acquittal of all felony charges for a police officer accused of using excessive force that was captured on a video tape that was played on several national news broadcasts.
Won an acquittal for a client charged with two counts of attempted murder in the shooting of his estranged wife and two year old son.
Won an acquittal for a police officer accused of wanton and reckless conduct in responding to an emergency call.
www.robey-law.com   (517 words)

  
 FindLaw's Writ - Colb: Dismemberment and Doubt
For that reason, though the public may express outrage and opposition in response to a set of bizarre, high-profile acquittals, the defendants will nonetheless enjoy the benefits of having been found not guilty by a jury of their peers.
	In a criminal case, as I have explained in a prior column elaborating the concept of jury nullification, we are stuck with the jury's verdict of acquittal, regardless of the evidence.
Unlike verdicts of acquittal in some other cases, the jury's decision to acquit Durst can be read to reflect a sophisticated understanding of the shortcomings of "flight" evidence.
writ.news.findlaw.com /colb/20031119.html   (1756 words)

  
 Michael Jackson's lawyers push for acquittal : HindustanTimes.com   (Site not responding. Last check: 2007-10-19)
Michael Jackson's lawyers ripped into the testimony of his accuser's family on Thursday, as they argued vigorously for the singer's acquittal on all charges at his child sex trial.
Arguing an acquittal motion before Judge Rodney Melville, who had earlier summarily dismissed a separate request for a mistrial, Sanger said the prosecution case as a whole was "inherently improbable and incredible."
Although the defence motion requested acquittal on all 10 charges faced by Jackson, the focus was on the accusation that he conspired to hold the boy and his family against their will.
www.hindustantimes.com /news/181_1350087,00050001.htm   (371 words)

  
 Acquittal of a politician
The acquittal of former Congress MP Sajjan Kumar in a case relating to the anti-Sikh riots of 1984 raises questions about the role and effectiveness of the prosecution in pursuing the investigations.
WHEN a Sessions Court in Delhi acquitted on December 23 former Congress Member of Parliament Sajjan Kumar of involvement in the 1984 anti-Sikh riots in Delhi, it brought to an end all the cases against politicians who were allegedly behind the violence.
What makes the politicians' acquittal less than credible is the fact that they were indicted by independent commissions of inquiry, including the People's Union for Civil Liberties, the People's Union for Democratic Rights and the Citizens' Justice Committee.
www.flonnet.com /fl2001/stories/20030117004312000.htm   (1538 words)

  
 [No title]
  Whether the acquittal is returned by the jury or ordered by the court conviction upon appeal by the government nullifies the power to acquit.
            The power to acquit and the consequences of acquittal are long established basic issues of governance:  The acquittal denies consent to the conviction on grounds limited to a belief in reasonable doubt.
authorities then used post acquittal proceedings in an effort to compel me to abandon claims of false prosecution which now include the claim that conviction upon appeal of acquittals falsifies the balance of powers.
www.newnorth.net /~rrsyre/verdict.htm   (575 words)

  
 Will DVD acquittal mean tougher copyright laws? | CNET News.com
The acquittal of a Norwegian programmer charged with breaking Hollywood's DVD encryption scheme could increase the entertainment industry's efforts to enact tougher global copyright laws.
Monday's acquittal was heralded by Hollywood critics as an important blow for consumer rights in the digital age, at a time when the entertainment industry has increasingly relied on technology that seeks to bar people from copying media products.
Jonathan Band, an attorney in the Washington, D.C., office of Morrison & Foerster, said the Johansen acquittal is important because it highlights some of the shortcomings of the DMCA, which offers few exemptions for legitimate copying of digital material.
news.com.com /2100-1025-5133152.html   (2095 words)

  
 CBC News: Top court upholds acquittal of man who sold bomb recipes on internet
The Supreme Court of Canada has upheld the acquittal of an Alberta man who sold instructions over the internet on how to make bombs and break into houses.
Bound by those facts, the Supreme Court upheld his acquittal on charges of counselling to make a bomb, counselling with intent to cause an explosion and counselling to break and enter.
It overturned Hamilton's acquittal on the charge of counselling to commit fraud and ordered a new trial.
www.cbc.ca /story/canada/national/2005/07/29/netcrimes-050729.html?ref=rss   (587 words)

  
 deseretnews.com | Acquittal of gay pastor draws cheers and jeers
Acquittal of gay pastor draws cheers and jeers
ELLENSBURG, Wash. (AP) — The acquittal of a lesbian Methodist pastor charged with violating church doctrine drew praise and scorn Sunday across a denomination that may see its divisions over homosexuality laid bare at a major conference next month.
Saturday's acquittal of the Rev. Karen Dammann was celebrated Sunday at the church where she used to preach in Ellensburg, a small town in central Washington.
deseretnews.com /dn/view/0,1249,595050698,00.html   (226 words)

  
 Decision on the Motion for the Entry of Acquittal of the Accused Stanislav Galic
The Defence appears to consider that the applicable standard in deciding upon the Motion for Acquittal is whether there is sufficient evidence to prove the guilt of the Accused beyond a reasonable doubt with respect to the counts of the Indictment.
The question of whether reliability and credibility of witnesses should be considered in mid- trial motions for acquittal is intimately intertwined with the determination of the applicable standard implied by Rule 98 bis.
The Motion for Acquittal is therefore rejected with respect to all of the five Scheduled Shelling Incidents.
www.un.org /icty/galic/judgment/04140652.htm   (4410 words)

  
 Transblawg: Acquittal / Freispruch
There was recently a discussion in the comments at Jurastudentin’s blog on whether there is any difference between the common-law jury verdict of ‘not guilty’; and the German acquittal (Freispruch).
My problem for translating this by "acquittal" (or the respective verb) was that the English term implies that the verdict is given by a jury, while in the case I was interested in, there was a college of three judges.
I wasn't aware that "acquittal" can be uses if it's the judge(s) that do the acquitting.
www.margaret-marks.com /Transblawg/archives/001614.html   (1715 words)

  
 Punishment After Acquittal
As the law used to say, you may "go hence sine die", which meant that you were free to go without any day scheduled for your reappearance before the court.
The most obvious conflict is with the Double Jeopardy Clause of the Fifth Amendment, which forbids putting a person accused of criminal conduct twice in jeopardy for the same offense.
So if the Fifth Amendment says you cannot be put in harm's way again after a trial followed by an acquittal, then, with greater logical force, it certainly also says that you cannot actually be harmed after an acquittal as well.
www.november.org /razorwire/rzold/13/1319.html   (594 words)

  
 Aljazeera.Net - Russian prosecutor slams acquittal   (Site not responding. Last check: 2007-10-19)
A jury at the military court in the southern Russian town of Rostov-on-Don cleared the four officers from the elite Main Intelligence Directorate (GRU) forces of murder on 19 May.
It was the second such trial, the first acquittal having been overturned on a technicality.
The officers admitted to their roles in the killing in 2002 of six Chechens, including a village school teacher and a pregnant mother of seven.
english.aljazeera.net /NR/exeres/8AB50C43-CC5F-4649-83E7-3ABF9862E770.htm   (232 words)

  
 Boston.com / Business / Technology / Will DVD acquittal mean tougher copyright laws?   (Site not responding. Last check: 2007-10-19)
The acquittal of a Norwegian programmer charged with breaking Hollywood's DVD encryption scheme could lend new urgency to the entertainment industry's efforts to enact tougher global copyright laws.
The case had also been taken up as a cause celebre in software circles on a more esoteric principle, with some programmers worried over a growing and potentially dangerous conflict between their right to develop new products and the right of content owners to protect their profits.
Setbacks mounting The Johansen verdict is one of several recent antipiracy setbacks for the entertainment industry in courts around the globe.
www.boston.com /business/technology/articles/2003/12/24/will_dvd_acquittal_mean_tougher_copyright_laws   (1732 words)

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