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I added an accuracy dispute with regard to the statement about the appeal by the prosecution after a judgment of acquittal. I believe this is misleading, while it may be true in some cases, I believe the article should make a reference to exclude the United States from this statement. The prosecution may not appeal a judgment of acquittal under any circumstances, even if the jury did originally enter a guilty verdict. Once the court has found that the defendant is not guilty, jeopardy has terminated and to appeal a judgment of acquittal would be another court reviewing the same case for which a not guilty verdict has been rendered, this cannot happen as it would be constitute double jeopardy. A judge granting a motion for judgment of acquittal is stating that, after review of all the evidence, the prosecution has failed to prove the charge to the extent that reviewing each fact in the light most favorable to the prosecution and making all logical inferences in favor of the verdict, still can not convince a reasonable person that the defendant is guilty. This is not the same as a dismissal, where a judge dismisses a case without prejudice, the state could bring the charges back because no finding of not guilty was rendered, cases can be dismissed for a multitude of reasons, many having nothing to do with guilt or innocence. A defective indictment could be dismissed but that would not prevent the prosecution from procuring a new charging instrument. I would like a jurist to weigh in, and if I am correct it should be noted since many times the United States is assumed to be the primary setting. --ChiefinspectorClousea (talk) 12:09, 21 February 2009 (UTC)
I believe that you are inaccurate. The defendant is not being tried a second time. If the appeal is upheld, the defendant's guilty verdict is simply applied properly. Cosumel (talk) 03:54, 15 February 2012 (UTC)