Why can judges not set aside jury verdicts of acquittal?

Question

Would it be correct to say that the reason why judges do not have power to set aside a jury verdict of acquittal in a criminal case is precisely that that would violate a right to a trial by jury? Would there be other reasons besides that?

Answer 1

You are correct. In a jury trial, the jury is the finder of fact and rules on the ultimate issue - innocence or guilt. There is an exception with respect to conviction, however. Under the Federal Rules of Criminal Procedure, Rule 29, the defendant may make a motion for a directed verdict of acquittal at the end of the government's case or after finding of guilt. The Rule states:

(a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction. The court may on its own consider whether the evidence is insufficient to sustain a conviction. If the court denies a motion for a judgment of acquittal at the close of the government's evidence, the defendant may offer evidence without having reserved the right to do so.

(c) After Jury Verdict or Discharge.

(1) Time for a Motion. A defendant may move for a judgment of acquittal, or renew such a motion, within 14 days after a guilty verdict or after the court discharges the jury, whichever is later.

(2) Ruling on the Motion. If the jury has returned a guilty verdict, the court may set aside the verdict and enter an acquittal. If the jury has failed to return a verdict, the court may enter a judgment of acquittal.

(3) No Prior Motion Required. A defendant is not required to move for a judgment of acquittal before the court submits the case to the jury as a prerequisite for making such a motion after jury discharge.