Wisconsin Judgment of Dismissal - Acquittal

State:
Wisconsin
Control #:
WI-CR-209
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Description

This is a Judgment of Dismissal, used in the State of Wisconsin. It is used to formally enter judgments of dismissal or acquittal.

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FAQ

Definition. At the end of a criminal trial, a finding by a judge or jury that a defendant is not guilty. An acquittal signifies that a prosecutor failed to prove his or her case beyond a reasonable doubt, not that a defendant is innocent.

With one exception, in the United States an acquittal cannot be appealed by the prosecution because of constitutional prohibitions against double jeopardy. The U.S. Supreme Court has ruled: If the judgment is upon an acquittal, the defendant, indeed, will not seek to have it reversed, and the government cannot.

Once acquitted, a defendant may not be retried for the same offense: "A verdict of acquittal, although not followed by any judgment, is a bar to a subsequent prosecution for the same offense." Acquittal by directed verdict is also final and cannot be appealed by the prosecution.

The arraignment is a formal reading of the criminal charging document, in Wisconsin called the information.A plea (usually not guilty) is entered at the arraignment and the case continues to trial. In misdemeanor cases, the arraignment is usually combined with the initial appearance.

They all, practically, describe the same disposition. Dismissed means that either the Judge or District Attorney dismissed the charges (or dropped them). Acquitted means that a Judge or Jury found the charged person was not guilty. Either way, it describes a non-conviction.

A motion for judgment of acquittal rests on the claim that the evidence at trial was insufficient for a conviction. In other words, the defendant argues that no reasonable jury could possibly find guilt beyond a reasonable doubt. A defendant can ask a judge to acquit on all of the charges or just some of them.

Double jeopardy is an American Constitutional principle that bars the government from trying a person more than once for the same conduct. It protects you from being prosecuted again for the same offense following an acquittal or a conviction.

Judges are very reluctant to overturn a jury verdict. Jury verdicts are statements of the community. Therefore they are given great respect. Furthermore in a criminal case, a judge cannot overturn a verdict of not guilty as that would violate a defendant's 5th amendment right.

The judge can direct a jury, but cannot oblige it to go along with his interpretation.The law makes it clear that this is an offence and, assuming that the accusation is proven beyond any reasonable doubt, a judge would probably request a guilty verdict to be returned.

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Wisconsin Judgment of Dismissal - Acquittal