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Legal Definitions - implied acquittal

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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Definition of implied acquittal

Implied acquittal is a legal term that refers to a situation where a jury convicts a defendant of a lesser offense without commenting on the greater offense. This means that the defendant is not found guilty of the more serious charge, but is still convicted of a related, lesser charge.

For example, if someone is charged with murder, but the jury convicts them of manslaughter instead, this would be an implied acquittal of the murder charge. The defendant cannot be retried for the murder charge because of double jeopardy laws.

Another example of implied acquittal is when a principal is acquitted of a crime, but an accessory is charged and later acquitted as well. This is because the accessory's acquittal is considered an implied acquittal of the principal's charge.

Overall, implied acquittal is an important legal concept that protects defendants from being retried for the same offense and ensures that justice is served fairly.

It is better to risk saving a guilty man than to condemn an innocent one.

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Simple Definition

Implied acquittal is when a jury finds a defendant guilty of a lesser offense without saying anything about the greater offense they were charged with. This means that the defendant cannot be retried for the greater offense because of double jeopardy. In simpler terms, it's like saying "you're not guilty of the big thing, but you're guilty of a smaller thing." It's a way for the defendant to avoid being tried again for the same crime.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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A good lawyer knows the law; a great lawyer knows the judge.

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