Verdict
Definition of Verdict
Note: See a more comprehensive approach to the Verdict legal concept in the American Law Encyclopedia
A finding by a jury on a fact question formally submitted to it for deliberation. The verdict is reported to the court and announced. Either party is entitled to request that the jury be polled. This requires that each juror disclose in open court his or her vote. Verdicts in criminal cases must be unanimous in most jurisdictions, although the Supreme Court has ruled that verdicts reached on the basis of ten-to-two and nine-to-three votes do not violate the jury trial requirements of the Sixth Amendment. A verdict to convict in a criminal case requires evidence that demonstrates guilt beyond a reasonable doubt. Civil verdicts are arrived at by using the preponderance of evidence standard.
See Also
Acquittal (Law of the United States) Conviction (Law of the United States) Jury (Law of the United States).
Resources
Verdict Related Resources
- Verdict in the United States Legal Encyclopedia
- Civil Judicial Process Keywords in the United States Legal Encyclopedia
- Civil Process Keywords in the International Legal Dictionary
Notes
- “Verdict”, The American Law Dictionary, 1991, California
Verdict
In the Past
The unanimous decision made by a jury and reported to the court on the matters lawfully submitted to them during the trial of a cause.
Developments
Verdicts are of several kinds, namely, privy and public, general, partial and special.
Details
A privy verdict is one delivered privily to a judge out of court. A verdict of this kind is delivered to the judge after the jury have agreed, for the convenience of the jury, who after having given it, separate. This verdict is of no force whatever; and this practice being exceedingly liable to abuse, is seldom if ever allowed in the United States of America.
Other Aspects
A public verdict is one delivered in open court. This verdict has its full effect and unless set aside is conclusive on the facts and when judgment is makeed upon it, bars all future controversy in personal actions. A private verdict must afterwards be given publicly in order to give it any effect.
More Information
A general verdict is one by which the jury pronounce at the same time on the fact and the law, either in favor of the plaintiff or defendant. Co. Lit. 228; 4 Bl. Com. 461; Code of Prac. of Lo. art. 519. The jury may find such a verdict whenever they think fit to do so.
Other Issues
A partial verdict in a criminal (see more about this popular legal topic in the U.S. encyclopedia) case is one by which the jury acquit the defendant of a part of the accusation against him and find him guilty of the residue: the following are examples of this kind of a verdict, namely: when they acquit the defendant on one count and find him guilty on another, which is indeed a species of general verdict, as he is generally acquitted on one charge and generally convicted on another; when the charge is of an offence of a higher and includes one of an inferior degree, the jury may convict of the less atrocious by finding a partial verdict. therefore, upon an indictment for burglary, the defendant may be convicted of larceny and acquitted of the nocturnal entry; upon an indictment for murder, he may be convicted of manslaugh-ter; robbery may be softened to simple larceny; a battery, into a common assault. 1 Chit. Cr. Law, 638 and the cases there cited.
More
A special verdict is one by which the facts of the case are put on the record and the law is submitted to the judges. Lit. Sel. Cas. 376; Breese, 176; 4 Rand. 504; 1 Hen. & Munf. 235; 1 Wash. C. C. 499; 2 Mason, 31. The jury have an choice, instead of finding the negative or affirmative of the issue, as in a general verdict, to find all the facts of the case as showd by the evidence before them, and, after so setting them forth, to conclude to the following effect: “that they are ignorant, in point of law, on which side they ought upon those facts to find the issue; that if upon the whole matter the court must be of opinion that the issue is proved for the plaintiff, they find for the plaintiff accordingly and assess the damages (see more about this popular legal topic in the U.S. encyclopedia) at such a sum, etc.; but if the court are of an opposite opinion, then they find vice versa.” This form of finding is called a special verdict. In practice they have nothing to do with the formal preparation of the special verdict. When it is agreed that a verdict of that kind is to be given, the jury merely declare their opinion as to any fact staying in doubt and then the verdict is adjusted without their further interference. It is settled, uncler the correction of the judge, by the counsel and, attorneys (see more about this popular legal topic in the U.S. encyclopedia) on either, side, according to the state of the facts as found by the jury, with respect to all particulars on which they have delivered an opinion, and, with respect to other particulars, according to the state of facts, which it is agreed, that they ought to find upon the evidence before them. The special verdict, when its form is therefore, settled is, together with the whole proceedings on the trial, then entered on record; and the question of law, arising on the facts found, is argued before the court in bank and decided by that court as if a demurrer. If either party be dissatisfied with their decision, he may afterwards resort to a court of error. Steph. Pl. 113; 1 Archb. Pr. 189; 3 Bl. Com. 377; Bac. Abr. Verdict, D, E.
More
There is another method of finding a special verdict this is when the jury find a verdict generally for the plaintiff, but subject however to the opinion of the judges or the court above on a special case stated by the counsel on both sides with regard to a matter of law. 3 Bl. Com. 378; and see 10 Mass. R. 64; 11 Mass. R. 358. See, generally, Bouv. Inst. Index, h. t.. [1]
Resources
Notes and References
- Partialy, this information about verdict is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including verdict.
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