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Missouri
Motion For Judgment of Acquittal of All Charges

Missouri Motion For Judgment of Acquittal of All Charges

Category:

Criminal - Acquittals

State:

Multi-State

Control #:

US-02612BG

Format:

Instant download

Description

To acquit means to find a defendant in a criminal case not guilty. The decision to exonerate the defendant may be made either by a jury or a judge after trial. A prosecutor must prove the defendant's guilt beyond a reasonable doubt. A decision to acquit means that the judge or jury had a reasonable doubt as to the defendant's guilt. It may be based on exculpatory evidence or a lack of evidence to prove guilt.

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Summary judgment is a pre-trial motion, JMOL is an in-trial or post trial motion. JMOL in some state courts is called a motion for a directed verdict.

A judge in a criminal case may direct a verdict of acquittal on the basis that the prosecution has not proved its case, but the judge may not direct a verdict of guilty, since that would deprive the accused of the constitutional right to a jury trial.

It is the exclusive domain of the jury to determine the verdict, except where the judge is satisfied that there is no evidence upon which a properly instructed jury could reasonably convict. In such cases, the judge must direct the jury to acquit the accused.

Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free. Motion to Vacate, Set Aside, or Correct a Sentence ? Often successful for the purpose of correcting a clerical error in the sentence.

A defendant may move for a judgment of acquittal, or renew such a motion, within 14 days after a guilty verdict or after the court discharges the jury, whichever is later.

Motion for a Judgment of Acquittal. (a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.