When the Department of Justice (DOJ) loses a case, the outcome and potential next steps depend on whether it was a criminal or a civil proceeding
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In a criminal case
If the DOJ loses a criminal case, the defendant is acquitted, and the case is over. Due to the Fifth Amendment's Double Jeopardy clause, the DOJ cannot appeal an acquittal or try the defendant again on the same charge.
However, there are a few limited exceptions:
- Errors of law: The DOJ may be able to appeal a pre-trial ruling made by a judge, such as the suppression of evidence, which may lead to the reinstatement of a conviction. However, this is not an appeal of an acquittal.
- Hung jury: If a jury cannot reach a unanimous verdict (a hung jury), the DOJ is not barred from retrying the case. A hung jury does not constitute an acquittal.
In a civil case
In a civil case, the DOJ and the opposing party have equal rights to appeal. If the DOJ loses a civil case, it can appeal the judgment to a higher court, just like any other losing party.
The consequences of losing a civil case depend on the nature of the lawsuit:
- Adverse judgment: If the DOJ loses, a court may rule against the federal government, requiring it to take specific actions or pay damages.
- Appeal: The DOJ can challenge the trial court's decision in a federal court of appeals. The appellate court will review the case for legal errors, not to re-evaluate the facts.
Broader implications
Beyond the specific case, a loss can have other repercussions for the DOJ:
- Case precedent: If the DOJ's loss establishes an unfavorable legal precedent, it can affect future cases.
- Strategic review: The DOJ may reassess its strategy or resource allocation following a significant loss. In some situations, a string of losses may signal a flawed approach in a specific legal area, such as antitrust.
- Reputation: The loss of a high-profile case can affect the public perception of the DOJ's competence and integrity.