Acquittal

Lore & Background

Scotland previously had two acquittal verdicts: not guilty and not proven, with 'not proven' not triggering double jeopardy.

Reader's Guide

The concept of acquittal is central to criminal law, representing the point at which the state's prosecution fails to meet its burden of proof. Its significance lies in the balance between finality for the accused and the state's interest in justice. In the United States, the double jeopardy clause makes acquittal nearly absolute, preventing retrial even with new evidence.

This reflects a societal willingness to limit the government to a single criminal proceeding, as noted in United States v. Jorn. Other jurisdictions, such as Canada and the UK, allow appeals of acquittals under specific conditions, such as new evidence or tainted proceedings. An acquittal does not equate to a finding of innocence; it only indicates insufficient proof.

It also does not bar civil liability or prosecution in other jurisdictions, as seen in the Rodney King and O. J. Simpson cases. The effect on criminal records varies: in the United States, acquittals may remain on records depending on state regulations, and in the UK, police can reveal acquittals in enhanced background checks. The distinction between a 'not guilty' verdict and an acquittal is technical, with the latter being the legal order clearing the defendant.

England and Wales

In England and Wales, the Criminal Justice Act 2003 allows retrials after an acquittal for serious crimes if new and compelling evidence emerges, creating an exception to double jeopardy. The Criminal Procedure and Investigations Act 1996 permits setting aside a “tainted acquittal” when it is proven beyond reasonable doubt that violence or threats of violence to a witness or juror secured the acquittal. Normally, an acquitted defendant is released immediately if no other charges remain. However, until 1774, acquitted persons could be jailed until they paid the jailer’s fees for their confinement, and some died in jail unable to pay.

The effect of acquittals on criminal records

An acquittal does not establish innocence; it only means the prosecution failed to prove guilt beyond a reasonable doubt. In the United States, an acquittal may remain on a defendant’s criminal record depending on state regulations, and federal records can include acquittals, dismissals, and convictions. In the UK, police may disclose acquittals in enhanced record checks following a 2018 Supreme Court ruling.

Background checks in some locations may show arrests, dropped charges, and acquittals. Technically, a “not guilty” verdict is the formal decision, while an acquittal is the resulting court order clearing the defendant. Some jurisdictions distinguish between a standard acquittal and a “full acquittal” that establishes innocence.