Can a not guilty verdict ever be overturned?
Asked by: Otho Torp Sr. | Last update: February 20, 2026Score: 4.4/5 (5 votes)
No, in the U.S. legal system, a "not guilty" verdict (acquittal) by a jury generally cannot be overturned by a judge or prosecutor due to the Double Jeopardy Clause of the Fifth Amendment, which prevents a defendant from being tried twice for the same crime after an acquittal. A judge cannot set aside a jury's acquittal, even if they disagree with it, as it would violate this constitutional protection.
Can a not guilty verdict be reversed?
No, in the U.S., a "not guilty" verdict in a criminal case generally cannot be overturned by a judge or prosecutor due to the double jeopardy clause, which prevents trying someone twice for the same crime, even if new evidence emerges. However, very rare exceptions exist, such as if the acquittal was obtained through a criminal act like bribery (as in the extremely rare US v. Aleman case), or if verdicts are inconsistent (like acquittal on one charge but conviction on another related count), which might lead to a retrial on the conviction, not the acquittal.
Can prosecutors appeal a not guilty verdict?
If a court acquits the defendant, the prosecutor may not appeal the verdict. Appealing a verdict of “not guilty” would violate the Double Jeopardy Clause of the Fifth Amendment. Prosecutors may, however, appeal all pre-trial rulings and decisions regarding the admissibility of evidence at trial.
Can a judge overrule a not guilty?
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. To overturn a guilty verdict there must be clear evidence that offers reasonable doubt.
Can a judge throw out a not guilty verdict?
There's no precedent for a judge or appeals court to toss a not guilty verdict. What there is precedent for is allowing the prosecutor to refile charges and put the defendant on trial again when there had been a bribe of the fact-finder in the initial trial.
Can A Judge Overturn A Jury Verdict? - CountyOffice.org
Is not guilty better than dismissed?
While both are great outcomes, an acquittal ("not guilty" verdict) is generally considered stronger because it's a final declaration of innocence after a trial, while a dismissal stops the case without ruling on guilt and might allow refiling unless it's "with prejudice" (permanently closed). An acquittal means the prosecution failed to prove guilt beyond a reasonable doubt; a dismissal means the case ended for other reasons, like insufficient evidence or procedural issues, but doesn't formally declare innocence, though it avoids conviction.
What is the hardest criminal case to beat?
There's no single "hardest" case, but generally, homicide (especially first-degree), crimes against vulnerable victims (children, elderly), and sex crimes are incredibly tough due to high emotions, severe penalties, complex evidence, and potential jury bias, making them difficult to defend or prosecute effectively. Other challenging cases involve intricate white-collar crimes with complex financial evidence or highly sensitive matters like treason, which has a very high bar for proof.
Can a judge go back and change his ruling?
The request for reconsideration must clearly show an error of fact or law material to the decision. The Judge may also reconsider a decision on his or her own initiative.
Who is more powerful, a judge or a jury?
Neither the jury nor the judge is universally "more powerful"; they have distinct roles, but in most criminal trials, the jury holds the ultimate power to decide guilt or innocence (the verdict), while the judge controls the legal process, determines what evidence is admitted, and imposes the sentence. The jury acts as the finder of fact and applies the law as instructed, but the judge ensures fairness, manages evidence (ruling on objections), and interprets the law, making them powerful in shaping the trial's direction and outcome.
Can you sue after a not guilty verdict?
Criminal and civil proceedings are distinct, but evidence from the criminal case can impact your civil lawsuit. You can still sue without a conviction. Even if the defendant is not charged or is acquitted, you may still recover damages in civil court using a lower burden of proof. Legal representation is essential.
Who is more powerful, a judge or a prosecutor?
While judges have authority in the courtroom and over sentencing, prosecutors are generally considered more powerful because they control the initial charging decisions, plea bargains, and evidence disclosure, shaping the vast majority of criminal cases before they even reach a trial, giving them immense leverage over outcomes. Prosecutors decide who to charge, what to charge them with, and what plea deals to offer, often with limited public oversight, making them the most influential figures in the justice system.
What keeps prosecutors from appealing a not guilty verdict?
Prosecutors cannot appeal a not guilty verdict due to the double jeopardy clause in the Fifth Amendment, which prohibits trying a defendant more than once for the same offense. This clause aims to protect individuals from repeated prosecutions and the associated stress and costs.
Who can appeal a not guilty verdict?
The defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty. Either side in a criminal case may appeal with respect to the sentence that is imposed after a guilty verdict.
What happens after a not guilty verdict?
If an acquittal (or not-guilty verdict) is returned, then the trial is complete and the defendant will be released. Defendants cannot be re-tried after a not guilty verdict due to a constitutional protection called "double jeopardy," which means that a person cannot be tried for the same crime twice.
Why is it so hard to overturn a conviction?
One is that the system is set up to follow some procedures and sets of rules, and part of those procedures and sets of rules really say, if you haven't had some evidence to bring to light during your original trial, and you can only bring certain things that were argued at an original trial up on direct appeals, then ...
Can a judge set aside a not guilty verdict?
Because the Not Guilty verdict cannot be overturned, and because the jurors cannot be punished for their verdict, the law is said to be nullified in that particular case.
What percentage of jury trials end in not guilty?
Trials by jury accounted for 0.8 percent of cases. 18 percent of jury trials resulted in acquittal, and 82 percent resulted in a conviction. Mistrials, where a trial ends without a verdict, are very rare.
Can you get the same judge twice?
It is not uncommon, for example, for many criminal defendants to have the same judge preside over more than one criminal trial. It does not mean that the judge is “biased” simply because they have prior experience with a party, unless they have exhibited some behaviors that would warrant recusal.
How to overrule a judge's decision?
Generally, appeal is the means to correct or overrule a final order, and once a final order is appealed the trial court loses jurisdiction to act further in the case.
Has a judge ever overturned a jury verdict?
Yes, judges can and do overturn jury verdicts, though it's rare, usually when there's insufficient evidence for the verdict, the verdict is against the weight of the evidence (showing passion or prejudice), or due to significant legal errors during the trial, allowing for motions like Judgment Notwithstanding the Verdict (JNOV) or ordering a new trial, especially in criminal cases where a conviction might be overturned but not an acquittal.
What are common grounds for reconsideration?
Common grounds for reconsideration generally involve new evidence, clear legal or factual errors, or a significant change in the law, aiming to correct manifest injustice or prevent prejudice, rather than just disagreeing with the outcome. Key reasons include overlooked facts, misapplied law, newly discovered evidence unavailable earlier, fraud, or issues where findings don't support the decision.
Which lawyer wins most cases?
There's no single lawyer universally recognized for the most cases won, as records are hard to track and definitions vary, but Gerry Spence is famous for never losing a criminal case and a long civil win streak (until 2010), while Guyanese lawyer Sir Lionel Luckhoo holds a Guinness World Record for 245 successive murder acquittals, making them top contenders for different aspects of "most wins".
What state is #1 in crime?
Alaska often ranks #1 for violent crime rates per capita, followed closely by New Mexico, while Louisiana frequently tops lists for overall danger or homicide rates, though figures vary slightly by source and specific metrics (violent vs. property crime) for 2024/2025 data.
What is the hardest thing to prove in court?
The hardest things to prove in court involve intent, causation (especially in medical cases where multiple factors exist), proving insanity, and overcoming the lack of physical evidence or uncooperative victims, often seen in sexual assault or domestic violence cases. Proving another person's mental state or linking a specific harm directly to negligence, rather than underlying conditions, requires strong expert testimony and overcoming common doubts.