Can a court ask a jury to reconsider a verdict of acquittal?
California, United States of America
The following excerpt is from People v. Ifopo, B255922 (Cal. App. 2016):
Section 1161 makes plain that the court cannot ask jurors to reconsider a verdict of acquittal. (Carbajal, supra, 56 Cal.4th at p. 531.) A court may ask jurors to clarify a verdict only when an inconsistency renders the verdict unintelligible. (People v. Bryant, supra, 60 Cal.4th 335, 450; Carbajal, supra, at p. 532.) "Mere inconsistency does not provide a valid reason for courts to reject a jury verdict." (Carbajal, at p. 532.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have courts dealt with the situation where the verdict form signed by the jury is different in some respect from the verdict as declared and acknowledged in open court? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
Is a party required to request that the court enter judgment on a valid jury verdict in order for that party to have the benefit of the verdict? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How have the courts interpreted the prosecutor's statement that the jury's verdict must be based on the evidence presented in court? (California, United States of America)
In what circumstances will a court order a mistrial in a case where only eight of the nine jurors who voted for the general verdict concurred in a special verdict? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
On appeal from the denial of a motion for acquittal, does the reviewing court apply the same standard as the trial court? (California, United States of America)
In what circumstances will the court overturn an acquittal and a not guilty verdict? (California, United States of America)
