Verdict
Formal jury finding of fact submitted to a judge.
A verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions.
- Etymology
- From Latin veredictum, literally 'to say the truth'; derived from Middle English verdit, from Anglo-Norman: ver ('true') and dit ('speech').
- Directed verdict
- Order from presiding judge to jury to return a particular verdict; in U.S. criminal cases, only 'not guilty' may be directed.
- Compromise verdict
- Not permitted; defined as surrender of conscientious convictions by some jurors in return for relinquishment by others.
- General verdict
- Jury makes a complete finding and single conclusion on all issues.
- Special verdict
- Jury makes specific factual conclusions rather than (or in addition to) declaration of guilt or liability.
- Sealed verdict
- Put into a sealed envelope when delay in announcing result; kept sealed until court reconvenes.
Lore & Background
The term 'verdict' originates from the Latin veredictum, meaning 'to say the truth', and entered English via Middle English verdit from Anglo-Norman, combining ver ('true') and dit ('speech'). In criminal law, a verdict of guilty or not guilty is handed down by the jury; different counts in the same case may have different verdicts. A guilty verdict generally requires proof beyond reasonable doubt and is followed by a judgment of conviction and sentencing. In U.S. legal nomenclature, the verdict is the jury's finding on questions of fact, after which the judge enters judgment on the verdict.
Reader's Guide
The verdict serves as the jury's formal finding of fact, distinct from the judge's decision in a bench trial. Its significance lies in its role as a check on judicial power and as a mechanism for community participation in justice. The article notes that in criminal cases, a directed verdict of guilty is prohibited in the United States and England and Wales, preserving the defendant's right to a jury determination. Special verdicts, which require juries to answer specific factual questions, have been criticized by Justices Black and Douglas for undermining the jury's historic function of tempering rules of law with common sense. The compromise verdict is explicitly disallowed, as it involves jurors surrendering conscientious convictions. The 2009 change in England and Wales from 'verdicts' to 'conclusions' for coroners reflects a shift in terminology. The now-abolished Scottish 'not proven' verdict illustrates historical variation in criminal verdict options.
Did You Know?
- The term 'verdict' derives from Latin veredictum, literally meaning 'to say the truth'.
- In England and Wales, coroner's findings were called verdicts until 2009, when they were renamed conclusions.
- A directed verdict of guilty is prohibited in U.S. criminal cases and in England and Wales.
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