Criminal.law · Glossary

Verdict

A verdict is the jury's decision on the charges at the end of a jury trial. How federal rules handle unanimity, partial verdicts, jury polls, and the judge's role.

Editorial direction: Antonio G. Jimenez · Former prosecutor and former criminal defense attorneyPublished October 29, 2026 · Updated October 29, 2026General legal information, not legal advice · Editorial standards

Key takeaways

In federal court, a jury's verdict must be unanimous and returned to a judge in open court. [4]
Under the federal rules, a jury can return a verdict on the counts it agrees on, even if it cannot agree on all of them. [4]
Rule 23 covers findings in a nonjury trial; Rule 29 covers judgments of acquittal, including setting aside a guilty jury verdict. [2][3]

What is a verdict?

A verdict is the jury's decision on the charges in a jury trial. Federal Rule 31 requires the jury to return its verdict to a judge in open court, and the verdict must be unanimous. Rule 29 separately addresses the court's power to enter a judgment of acquittal. In a case tried without a jury, Rule 23 calls the court's decision a finding of guilty or not guilty. This definition uses federal procedure as its example. [4][3][2]

When does a verdict come up in a criminal case?

Rule 1 says the Federal Rules of Criminal Procedure govern criminal proceedings in the United States district courts, the United States courts of appeals and the Supreme Court of the United States. This definition explains the supplied federal rules, not a survey of other states' trial procedures. [1]

In federal court, a defendant who is entitled to a jury trial gets one unless three things all happen. The defendant must waive the jury in writing, the government must consent, and the court must approve. The rule also sets the jury's size and allows a smaller jury in limited situations. [2]

Under federal Rule 31, the jury must return its verdict to a judge in open court. The verdict must be unanimous. If the jury cannot agree on all counts, it may return a verdict on the counts on which it has agreed. The rule separately addresses verdicts concerning multiple defendants. [4]

Who decides the verdict, the jury or the judge?

In a federal jury trial, the jury decides the verdict, and the judge receives it in open court. The judge also manages what happens around the verdict. For example, the judge may poll the jurors individually to confirm the verdict is unanimous, and must do so if a party asks. [4]

In a federal case tried without a jury, often called a bench trial, the judge decides. The federal rule calls this a finding of guilty or not guilty rather than a verdict. Under the federal rules, "court" means a federal judge. [2][1]

How is a verdict different from a judge's finding or a judgment of acquittal?

A verdict comes from a jury, while a finding under federal Rule 23 comes from the judge in a nonjury trial. If a party asks before the finding, the federal judge must state specific findings of fact in open court or in a written decision. [2][4]

Rule 29(a) requires the court, on the defendant's motion after the government closes its evidence or after all the evidence closes, to enter a judgment of acquittal for an offense if the evidence is insufficient to sustain a conviction. The court may also consider insufficiency on its own. This describes that court ruling, not a jury's verdict. [3]

Rule 29(b) allows the court to reserve its decision on the motion; if it does, it must decide the motion on the evidence at the time the ruling was reserved. Under Rule 29(c), the defendant may also make or renew the motion after a guilty verdict or after the court discharges the jury, subject to that provision's timing. The court may set aside a guilty verdict and enter an acquittal. If the jury did not return a verdict, it may enter a judgment of acquittal. Rule 29(c) contains a filing deadline; this definition does not calculate it for a particular case. [3]

What happens if the jury cannot agree on a verdict?

In federal court, if the jury cannot agree on a verdict on one or more counts, the judge may declare a mistrial on those counts. The federal rule also allows the government to retry a defendant on any count on which the jury could not agree. [4]

What does it mean to poll the jury?

Polling means asking each juror individually whether they agree with the verdict. In federal court, after a verdict is returned and before the jury is discharged, the judge must poll the jurors if a party asks, and may poll them without a request. If the poll shows the jurors are not unanimous, the judge may send the jury back to deliberate further or declare a mistrial. [4]

Can a jury find someone guilty of something other than the exact charge?

Federal Rule 31(c) permits a finding of guilty of an offense necessarily included in the charged offense, an attempt to commit the charged offense, or an attempt to commit an offense necessarily included in it, if the attempt is an offense in its own right. The rule's listed alternatives are the scope of this answer; this definition does not decide whether any particular offense qualifies. [4]

In a case with more than one defendant, does the jury decide everyone at once?

Not necessarily in federal court. When there are multiple defendants, the federal rule lets the jury return a verdict at any time during its deliberations for any defendant it has agreed about. The jury can return that verdict while it continues deliberating about the others. [4]