General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI suspect the defense will ask for a directed verdict at the end of the state's case
I slso suspect they won't get one.
The Velveteen Ocelot
(115,783 posts)to preserve your right to request a new trial and/or preserve issues for appeal. It would be very unusual to get a directed verdict in a criminal trial.
DemocratSinceBirth
(99,710 posts)The Velveteen Ocelot
(115,783 posts)though rules will vary from state to state. In civil cases it would be made at the close of the plaintiff's case, but in a criminal case only the defendant would be entitled to make the motion. Don't know how they do it in Florida.
onenote
(42,724 posts)Florida Crim. Procedure Rule 3.380. The motion must set forth in detail the grounds on which it is based. It can be made at the end of the state's case and can also be made (or renewed) after the close of the defense case.
Also, in Florida, the motion for judgment of acquittal can be made not only by the defense, but also by the prosecution. If made by the prosecution, the judge is required to grant the motion.
The Velveteen Ocelot
(115,783 posts)onenote
(42,724 posts)Nye Bevan
(25,406 posts)She will send all the charges to the jury and let them take the blame.
Shrike47
(6,913 posts)In one of my first trials, I moved for a directed verdict and the judge denied and let the DA re-open his case to attempt to establish the element of the crime he had missed, now that I had pointed it out. I wasn't happy.
I still won because the DA still couldn't establish the element, even with my road map.
Sanity Claws
(21,850 posts)They're not going to get it.