What is a motion for a directed verdict in criminal defense law?
A motion for a directed verdict in criminal defense law is a legal request to the judge that the criminal defendant be found “not guilty” of the charges against him or her. This motion is made by the defense attorney during the trial when the prosecution has completed presenting its evidence. It is based on the defense attorney’s argument that the prosecution has failed to present enough evidence to prove beyond a reasonable doubt that the defendant committed the crime. In Delaware, a motion for a directed verdict can only be granted if the evidence presented by the prosecution did not prove the elements of the crime charged. This means that the defendant cannot be found guilty even if the jury believes the defendant may be guilty. An example of this would be if the prosecution did not provide evidence to prove all of the elements of the crime charged, such as an act of violence. In Delaware, the judge, not the jury, rules on a motion for a directed verdict. If the judge grants the motion, the defendant is acquitted of the charges. If the judge denies the motion, the jury will decide the case based on the evidence presented. The outcome of a motion for a directed verdict can be very important in a criminal defense case in Delaware, because it may result in an acquittal or a mistrial.
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