Implied acquittal occurs when a jury convicts a defendant of a lesser offence without addressing the greater offence they were accused of. As a result, the defendant cannot be prosecuted again for the greater offence due to double jeopardy. In simpler terms, it means stating “you are not guilty of the major charge, but you are guilty of a lesser charge.” This serves as a means for the defendant to evade retrial for the same crime.
The term “implied acquittal” is used in the legal system to describe a scenario where a defendant is convicted of a lesser offence without any mention of the more serious charge. This means that while the defendant is found guilty of a related, lesser charge, they are not convicted of the more serious offence. For instance, if a person is accused of murder but is convicted of manslaughter instead, this would be an implied acquittal of the murder charge. The defendant cannot be tried again for the murder charge due to double jeopardy laws. Another example of implied acquittal is when a principal is acquitted of a crime, but an accessory is charged and later acquitted as well. This is because the accessory’s acquittal is considered an implied acquittal of the principal’s charge. Overall, implied acquittal is a crucial legal concept that safeguards defendants from being retried for the same offence and ensures that justice is served equitably.
An implied acquittal is a legal term used to describe a situation where a defendant is not found guilty of a crime, but is also not formally acquitted.
An implied acquittal can occur when a judge dismisses a case due to lack of evidence or a technicality, or when a jury is unable to reach a verdict.
No, an implied acquittal does not necessarily mean that the defendant is innocent. It simply means that the prosecution was unable to prove their case beyond a reasonable doubt.
No, an implied acquittal cannot be used as evidence in future trials. It is simply a legal term used to describe the outcome of a specific trial.
No, an implied acquittal cannot be appealed. It is a final decision in the trial.
No, an implied acquittal cannot be expunged from a defendant’s record. It is simply a legal term used to describe the outcome of a specific trial.
Yes, an implied acquittal can be used in a civil lawsuit as evidence that the defendant was not found guilty of the crime in question.
No, an implied acquittal cannot be used in a job application. Employers are only allowed to ask about convictions, not acquittals.
No, an implied acquittal cannot be used in a background check. Background checks only show convictions, not acquittals.
Yes, an implied acquittal can be used in a custody battle as evidence that the defendant was not found guilty of the crime in question.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/implied-acquittal/
- Modern Language Association (MLA):Implied Acquittal. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/implied-acquittal/.
- Chicago Manual of Style (CMS):Implied Acquittal. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/implied-acquittal/ (accessed: May 09 2024).
- American Psychological Association (APA):Implied Acquittal. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/implied-acquittal/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts