What is the difference between an acquittal and a dismissal in criminal cases?
An acquittal and a dismissal are both outcomes of a criminal trial, but they are not the same. An acquittal means that the jury found that the defendant did not commit the crime they were accused of. The defendant is acquitted and subsequently released. A dismissal, on the other hand, means that the prosecution has chosen not to pursue the case against the defendant, and the criminal case is dismissed. In South Carolina, the prosecutor has the power to dismiss charges before or even during the trial. This power may be used if the prosecutor believes that the case is lacking evidence, and the defendant will not be found guilty. The defendant will not be found guilty of the crime, but the prosecutor can refile the case at a later date. An acquittal can occur at different stages of the criminal trial. The defendant can be found “not guilty” at the end of a trial or during the deliberations. The defendant is acquitted and released, the defendant is not found guilty. If the case is dismissed, there is no finding of guilt or innocence. The charges are dismissed, and the criminal proceedings end. In either an acquittal or a dismissal, the defendant will be released without being found guilty. However, an acquittal does not necessarily mean that the defendant did not commit the crime they were accused of, while a dismissal does.
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