Also known as: insufficiency of evidence · insufficient evidences · lack of evidence · insufficiency of the evidence
Written by attorneys · grounded in primary & secondary sources — see below
A determination that the prosecution or plaintiff has failed to present evidence sufficient for a reasonable trier of fact to find in its favor on an essential element. Such a finding operates as an acquittal in criminal cases and supports entry of judgment as a matter of law in civil cases.
After the state rested in a theft prosecution against Ike Ingram, the trial court found the evidence failed to establish that any property had been taken from the alleged victim. The court entered a judgment of acquittal. Under the governing rule, that determination bars any later prosecution for the same offense.
A jury convicted Imani Idowu of fraud. On appeal the court held that the government's proof of intent was legally insufficient. The Double Jeopardy Clause prevents the state from retrying Imani on the same charge.
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The sentencing judge increased Ira Irving's sentence based on an alleged fact about the crime. The appellate court found no evidence in the record supporting that fact. The enhancement was vacated.
Officers relied on a warrant whose supporting affidavit contained only conclusory statements. Imran Iyer moved to suppress the seized evidence. The court ruled the affidavit provided insufficient facts to establish probable cause.
The government prosecuted Ismael Ibrahim under a statute regulating depictions of animal cruelty. The record contained no evidence linking the charged videos to actual harm. The court dismissed the case for lack of sufficient proof.
Ivan Ivanov was charged with possessing an unregistered firearm. The prosecution offered no proof that the weapon met the statutory definition of a firearm. The court granted a judgment of acquittal.
A determination that the evidence is insufficient to warrant a conviction constitutes an acquittal under Model Penal Code § 1.08(1). That ruling bars retrial for the same offense.
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No. When an appellate court reverses a conviction because the evidence was legally insufficient, the Double Jeopardy Clause treats the reversal as an acquittal and bars retrial.
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After a party has been fully heard, the court asks whether a reasonable jury would have a legally sufficient evidentiary basis to find for the non-movant on the issue. If the record lacks such evidence, the court must grant the motion.
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Yes. In a nonjury trial a party may question the sufficiency of the evidence supporting the court's findings on appeal whether or not it requested findings, objected, or moved to amend them.
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…restaurant, police rounded up 90 persons of that general description. Sixty-three were held overnight before being released for lack of evidence. A man not among the 90 arrested was ultimately charged with the crime. Washington Daily News, January 21, 1958, p. 5, col. 1; Hearings before a Subcommittee of the Senate Judiciary…