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Under Rule 29, Federal Rules of Criminal Procedure the "motion for a judgment of acquittal," or Rule 917, Rules for Courts-Martial the "motion for a finding of not guilty," if the evidence presented by the prosecution is insufficient to support a rational finding of guilty, there is no reason to submit the issue to a jury.
If the judge grants a motion to set aside judgment after the jury convicts, however, the action may be reversed on appeal by the prosecution. This can only be appealed after a guilty verdict; a judgment cannot be appealed if made after the prosecution rests, but before the defense begins, rather than after a verdict.
Burks v. United States, 437 U.S. 1 (1978), is a United States Supreme Court decision [1] that clarified both the scope of the protection against double jeopardy provided by the Fifth Amendment to the United States Constitution and the limits of an appellate court's discretion to fashion a remedy under section 2106 of Title 28 to the United States Code. [2]
The motion is infrequently used in civil cases where the defendant asserts that the plaintiff's case is insufficient to prove liability. [ a ] At the close of the prosecution's case during a criminal trial , the defendant may make a motion that there is no case for the defendant to answer (similar to a motion for a directed verdict in a United ...
Examples of motions in limine would be that the attorney for the defendant may ask the judge to refuse to admit into evidence any personal information, or medical, criminal or financial records, using the legal grounds that these records are irrelevant, immaterial, unreliable, or unduly prejudicial, and/or that their probative value is outweighed by the prejudicial result to the defendant, or ...
United States v. Valle was a criminal case in the Southern District of New York concerning Gilberto Valle, a New York City Police Department officer who had discussed on online fetish chatrooms his fantasies about kidnapping, torturing, raping, killing, and cannibalizing various women he knew, and had used a police database to find the addresses of some.
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Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.