Primer on Motions for Judgment of Acquittal

What Is a Motion for Judgment of Acquittal?

Rules of criminal procedure provide criminal defendants with a form of relief known as a motion for judgment of acquittal. These motions are made during trial, to persuade a court to “throw the case out,” or more technically put, to enter an order acquitting the defendant of some or all criminal charges.

Who Can File a Motion for Judgment of Acquittal?

It is up to the defendant, with the assistance of defense counsel, to move for a judgment of acquittal. This is not a prosecution motion. Under both the Rhode Island Rules of Criminal Procedure and Federal Rules of Criminal Procedure, motions for judgment of acquittal are governed by Rule 29. The precise rule, and wording of this unique form of relief may vary by jurisdiction. For example, in Massachusetts it is called a motion for a required finding of not guilty. For the remainder of this short article, we shall refer to it as a motion for judgment of acquittal (also referred to in the legal community as the MJA).

How and When to Make the Motion

A motion for judgment of acquittal may be raised orally, in writing, or both. The form of the motion varies by practitioner, and the particular facts and circumstances of the case, such as the criminal charge(s) targeted by the motion, and the evidence adduced at trial in support of the targeted charge(s). This motion must be made at the conclusion of the prosecution’s case at trial. The motion may target one, some, or all charges. When the prosecution has finished presenting its witnesses and evidence in support of the charge(s) in a criminal trial, it will declare in open court that the “prosecution rests.” Once this occurs, it is time for the defense to move for a judgment of acquittal.

The Purpose and Procedure of the Motion

Moving for a judgment of acquittal is the defense asking the trial judge to throw the case out of court or to declare the defendant acquitted, as a matter of law. Defense counsel must raise the motion and supporting arguments outside the presence of the jury, or at the very least, at sidebar, outside of earshot from jurors. Once this motion is made, the prosecution is given the opportunity to respond in opposition.

Legal Standard for Granting the Motion

The essence of motion for judgment of acquittal is that the state has failed to offer sufficient evidence as to each and every element of the crime(s) charged. This is often referred to as a prima facie case. Each crime requires proof beyond a reasonable doubt as to all the elements that make up the crime. A motion for judgment acquittal attacks the prosecution’s evidence as lacking in some manner to prove the crime. When faced with such a motion, a trial judge must view the evidence in a light most favorable to the prosecution, and without making any witness credibility findings, determine if a reasonable jury could find the defendant guilty.

Outcomes of the Motion

If the trial judge determines that the prosecution has failed to present a prima facie case, or some evidence as to each element of the charged crime(s), the motion is granted, and the defendant is acquitted. On the other hand, if the trial judge determines that the prosecution has presented sufficient evidence that a reasonable jury could convict, then the motion is denied. If the motion is denied at the conclusion of the prosecution’s case, the defendant may either offer defense evidence or rest its case and proceed directly to closing arguments, before the case is handed over to the jury for deliberating on a verdict.

Deferred Rulings and Renewals

A court may defer ruling on a motion for judgment of acquittal made after the prosecution’s case until a later time in the trial, such as after presentation of the defense evidence, if any, or after the jury returns a verdict. The decision to rule on the motion contemporaneous with its making, or defer ruling until a later point in the trial is solely within the trial judge’s discretion.

Motions for judgment of acquittal, if denied after the prosecution’s case, may also be renewed at the conclusion of the defendant’s case. A defendant must both make the initial motion after the prosecution rests, and renew the motion, if denied, in order to preserve for appellate review, the trial judge’s denial of the motion.

Practical Considerations and Challenges

Motions for judgment of acquittal, practically speaking, are rarely granted. This is especially true in victim-based crimes where credibility is the central issue at trial. For example, in a rape case, if the complainant testifies to unwanted sexual penetration by the defendant, and her credibility is the sole issue for the jury to decide, a motion for judgment of acquittal will almost always be denied. The chances of success with such motions marginally increase in multi-count complaints or indictments, or in cases where, for technical reasons, the prosecution is unable to offer some evidence in support of all legal elements. Notwithstanding the statistical chances for success with these motions, defense lawyers must be vigilant at trial to analyze how the prosecution’s evidence matches up with the legal elements of the crime(s) charged. This is how and when the evidentiary deficiencies are identified, so that a meritorious motion for judgment of acquittal may be made.

Contact for Legal Assistance

If you have been charged with a crime, are scheduled for trial, or have general questions about motions for judgment of acquittal, please contact RI Criminal Defense Lawyer, John L. Calcagni III, for a free consultation at 401-351-5100.