Directed verdict

It has been suggested that this article or section be merged with Judgment as a matter of law. (Discuss)

Criminal procedure

Criminal trials and convictions

Rights of the accused

Fair trial · Speedy trial Jury trial · Counsel Presumption of innocence Exclusionary rule1 Self-incrimination Double jeopardy2

Verdict

Conviction · Acquittal Not proven3 Directed verdict

Sentencing

Mandatory · Suspended Custodial Dangerous offender4, 5 Capital punishment Execution warrant Cruel and unusual punishment Life · Indefinite

Post-sentencing

Parole · Probation Tariff6 · Life licence6 Miscarriage of justice Exoneration · Pardon

Related areas of law

Criminal defenses Criminal law · Evidence Civil procedure

Portals

Law · Criminal justice

1 U.S. courts. 2 Not in English/Welsh courts. 3 Scottish courts. 4 English/Welsh courts. 5 Canadian courts. 6 UK courts.

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In law, a directed verdict is a ruling by a judge presiding over a jury trial typically made after the prosecution or plaintiff has presented all of their evidence but before the defendant puts on their case, that awards judgment to the defendant.

A directed verdict is usually made because the judge concludes the plaintiff has failed to offer the minimum amount of evidence to prove their case even if there were no opposition. 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. In other words, the judge rules that, as a matter of law, no reasonable jury could decide in the plaintiff's favor. In a criminal case, a directed verdict is a judgment of acquittal for the defendant.

A judge may order a directed verdict as to an entire case or only to certain issues. While the motion is not often granted, it is routinely made as a means of preserving appeal rights later.

In a criminal case in the United States, a judge may only order a directed verdict for acquittal, for the ability to convict is reserved to the jury. In a civil action, a related concept to the directed verdict is that of a non-suit.

The phrase arose when judges actually directed a jury to leave the courtroom, deliberate, and return with only the verdict predetermined by the judge. At least one jury ignored this instruction and returned a contrary verdict, leading to quite an angry response from an appellate court^{[citation needed]}. For most of modern judicial history, however, judges in the United States have directed a verdict without a need of a jury. This term has largely been replaced in the American legal system with Judgment of Acquittal in criminal cases and Judgment as a matter of law in civil cases.

Links

• http://www.nolo.com/definition.cfm/Term/0191D483-90FC-4F52-90782F50FD9AE31F/alpha/D/ Nolo Press

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