Law School

Criminal procedure (2023): Verdict + Conviction


Listen Later

In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions.

Etymology.

The term "verdict", from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver ("true", from the Latin vērus) and dit ("speech", from the Latin dictum, the neuter past participle of dīcere, to say).

Criminal law.

In a criminal case, the verdict, which may be either "not guilty" or "guilty"—except in Scotland where the verdict of "not proven" is also available—is handed down by the jury. Different counts in the same case may have different verdicts.

A verdict of guilty in a criminal case is generally followed by a judgment of conviction rendered by the judge, which in turn is followed by sentencing.

In U.S. legal nomenclature, the verdict is the finding of the jury on the questions of fact submitted to it. Once the court (the judge) receives the verdict, the judge enters judgment on the verdict. The judgment of the court is the final order in the case. If the defendant is found guilty, they can choose to appeal the case to the local Court of Appeals.

Compromise verdict.

A compromise verdict is a "verdict which is reached only by the surrender of conscientious convictions upon one material issue by some jurors in return for a relinquishment by others of their like settled opinion upon another issue and the result is one which does not command the approval of the whole panel", and, as such, is not permitted.

Directed verdict.

In a jury trial, a directed verdict is an order from the presiding judge to the jury to return a particular verdict. Typically, the judge orders a directed verdict after finding that no reasonable jury could reach a decision to the contrary. After a directed verdict, there is no longer any need for the jury to decide the case.

A judge may order a directed verdict as to an entire case or only to certain issues.

In a criminal case in the United States, once the prosecution has closed its case, the defendant may move for a directed verdict. If granted, the verdict will be "not guilty". The prosecution may never seek a directed verdict of guilty, as the defendant has a constitutional right to present a defense and rebut the prosecution's case and have a jury determine guilt or innocence (where a defendant has waived his/her right to a jury trial and allowed the judge to render the verdict, this still applies).

In the American legal system, the concept of directed verdict has largely been replaced by judgment as a matter of law.

General verdict.

A general verdict is one in which the jury makes a complete finding and single conclusion on all issues presented to it. First, the jury finds the facts, as proved by the evidence, then it applies the law as instructed by the court, and finally it returns a verdict in one conclusion that settles the case. Such verdict is reported as follows:

"We the Jury find the issues for the plaintiff (or defendant, as the case may be), and assess his damages at one hundred thousand dollars."

Sealed verdict.

A sealed verdict is a verdict put into a sealed envelope when there is a delay in announcing the result, such as waiting for the judge, the parties and the attorneys to come back to court. The verdict is kept in the sealed envelope until court reconvenes and then handed to the judge. This practice is virtually the default in many U.S. jurisdictions or may be the preference of the judge involved.

...more
View all episodesView all episodes
Download on the App Store

Law SchoolBy The Law School of America

  • 3.1
  • 3.1
  • 3.1
  • 3.1
  • 3.1

3.1

60 ratings


More shows like Law School

View all
Hidden Brain by Hidden Brain, Shankar Vedantam

Hidden Brain

43,601 Listeners

Global News Podcast by BBC World Service

Global News Podcast

7,837 Listeners

The Ben Shapiro Show by The Daily Wire

The Ben Shapiro Show

154,092 Listeners

Above the Law - Thinking Like a Lawyer by Legal Talk Network

Above the Law - Thinking Like a Lawyer

488 Listeners

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond by Alison Monahan and Lee Burgess - Law School Toolbox, LLC

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

512 Listeners

Court Junkie by PodcastOne

Court Junkie

8,504 Listeners

The Daily by The New York Times

The Daily

113,432 Listeners

Speak English Now Podcast: Learn English | Speak English without grammar. by Georgiana, founder of SpeakEnglishPodcast.com

Speak English Now Podcast: Learn English | Speak English without grammar.

556 Listeners

Crime Junkie by Audiochuck

Crime Junkie

369,937 Listeners

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress by Bar Exam Toolbox

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

442 Listeners

Dateline NBC by NBC News

Dateline NBC

47,764 Listeners

SRMN by SRMN

SRMN

19 Listeners

Advisory Opinions by The Dispatch

Advisory Opinions

3,941 Listeners

Mind of a Monster: The Cross-Country Killer by ID

Mind of a Monster: The Cross-Country Killer

1,868 Listeners

Ishq- by Muzammil Jit

Ishq-

4 Listeners