What is a judgment of acquittal?
At the conclusion of the prosecution’s case, the defense will normally move for a “judgment of acquittal.” In this motion the defense claims that the prosecution failed to make or prove a prima facie case as to one or more charges. If the court agrees, the case will be dismissed with prejudice. This motion is made without the presence of the jury and the lawyers are prohibited from discussing it in their presence. For technical reasons, the counsel for the defendant will move the court for a judgment of acquittal even when he or she knows that it will be denied.
