A special verdict is a legal procedure used in courtrooms when jurors have to make a complex decision beyond a simple guilty or not guilty. In this case, the jurors render a verdict in an answer to a series of questions posed by the court. To issue a special verdict, the jurors must agree on the answers to those questions, and the verdict must be unanimous.
A special verdict is used in those cases where the verdict could not otherwise be determined without further assistance from the judge. It’s especially useful when both parties give extremely different accounts of the same incident, leaving the jury with no other recourse but to apply the law to the facts of the case.
Without a special verdict, it would be impossible to determine which party’s narrative is correct.Even when both sides come to an agreement before the trial, the jury may still render a special verdict to ensure due process is followed.
What Does a Special Verdict Include?
In its simplest form, a special verdict sentence includes three components: First, the jury must answer the questions posed by the court. If any of the questions are contested, the jury then must assess any conflicting evidence and agree on a solution. And finally, the jury must allow the judge to make a determination as to the legal outcome and sign off on any agreement.
Another example a special verdict could be used in the same way in breach of contract cases. In this type of scenario, the jury would need to answer questions related to whether a contract exists, the terms of the contract, and the breach of contract if any. After hearing both sides of the case, the jury is able to determine what, if any, damages could be awarded.
In Summary
A special verdict is a legal procedure used when jurors have to makes complex decisions beyond guilty or not guilty. It is used in scenarios where the facts of the case are disputed and a judge is required to make a ruling. The special verdict allows the jury to look at both sides of the case and render a verdict based on the answers to questions posed by the court.