Whether an accused individual, or defendant, is guilty of a charged crime is the main decision that must be made by a jury at a criminal trial. There may be many jury decisions since the trial may contain multiple defendants and multiple charged crimes. These decisions of the jury are all contained in the verdict.

There are two types of verdicts that are found in a criminal case:

  • General verdict
  • Special verdict

The usual form of verdict is called a general verdict. A general verdict contains the jury's decisions as to whether a defendant is guilty or not guilty to each of the charged crimes.

The other form of verdict is called a special verdict. A special verdict contains the jury's specific findings on each issue of fact. These specific findings may be in response to specific written questions submitted to the jury by the court. It's in the court's discretion whether to use a general or a special verdict.

Special Verdicts Disfavored in Criminal Cases

Although there isn't a legal rule that prevents special verdicts in criminal cases, they're usually frowned upon. The main problem is that requiring the jury to answer specific questions in the verdict as to each defendant and crime may put pressure on the jurors to decide a certain way. Juries must be free from judicial pressure in deciding whether a defendant is guilty of a charged crime.

Special questions submitted to a jury as to each issue of fact invades the jury's power to arrive at a general verdict without having to show support for it. These questions may wrongly influence the jury's overall decision as to the defendant's guilt.

When Special Verdicts Are Favored in Criminal Cases

Courts may use special verdicts in criminal trials that are very complex. Specific questions may be submitted to the jurors to help guide them and eliminate confusion. By going through each element of a crime, the jury will be able to understand the exact issues of the case.

Special verdicts may be permitted when the specific information sought is relevant to the defendant's sentence. For example, if a defendant's sentence will depend on the amount of cocaine he was selling, the court may ask the jury to make a specific finding as to the amount of cocaine. This information is needed by the court to determine the length of the defendant's sentence.

Some conspiracy trials may require the use of special verdicts. A conspiracy is an agreement between two or more people to perform an illegal act. Courts may ask the jury to determine whether and when a defendant withdrew from the conspiracy. The jury may also have to specify the crime that was at the heart of the conspiracy. However, a special verdict shouldn't be used if it will confuse the jury.

Waiving the Right to a Special Verdict

Although some trials may benefit from using special verdicts, a defendant waives his right to one if he fails to make a timely request at trial. Special verdicts aren't normally used in criminal trials. If a defendant fails to request a special verdict at trial, he waives the right to complain on appeal that an error occurred because of the lack of a special verdict.

Questions for Your Attorney

  • If I am charged with multiple crimes, will it be an advantage or disadvantage to request the use of a special verdict at trial?
  • Can we submit our own questions to the jury if there's going to be a special verdict or does the court decide all the questions?
  • Does the court have to allow a special verdict if I request one for my criminal trial?