What is a motion for a directed verdict in criminal defense law?
A motion for a directed verdict in criminal defense law is a formal request made by the defense during a criminal trial. This request asks the judge to enter a judgment of not guilty or declare a mistrial without requiring the jury to deliberate. A defense motion for a directed verdict is typically based on the argument that the prosecution has not established a prima facie case, meaning the prosecution has not presented enough proof to allow the jury to reach a verdict. In Indiana, defense motions for a directed verdict can be made at the close of the prosecution’s case, and further motions can be made at the close of the defense’s case if applicable. If the court denies the motion, then the jury is allowed to consider the evidence presented and render a verdict. The jury must unanimously agree on a guilty or not guilty verdict. It is important to remember that a directed verdict is not a substitute for a jury verdict. It is a legal action requested by the defense to ensure that the prosecution has established a prima facie case for the jury to consider. If the court decides the prosecution has not met its burden of proof, a motion for a directed verdict can be a powerful tool in a criminal defense lawyer’s toolbox.
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