A defective verdict is a verdict flawed to such extent that a judgment cannot be based on it. There are several instances that might occur to render a verdict defective. For example, a verdict may be defective because of procedural irregularities during deliberations. Additionally, there could be contradictions in its substantive conclusions. As a result, the judge might call for more deliberations, or declare a mistrial if the problems cannot be resolved. For example, in Sullivan v. Louisiana (1993) the jury was given “a constitutionally defective” reasonable doubt instruction.
Additional Case Illustrations:
See e.g., People v. Jolly, 282 A.D.2d 474, 722 N.Y.S.2d 583 (2001); Lau v. Goord, 540 F. Supp. 2d 399 (2008)
[Last updated in October of 2022 by the Wex Definitions Team]