Judgment After Verdict — Modification of Verdict

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Judgment and Sentence
  5. General Provisions
  6. Judgment After Verdict — Modification of Verdict

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  1. After a verdict against the defendant, if the judgment is not arrested or a new trial granted, the court shall pronounce judgment.
  2. If, in the pronouncement of a judgment where a defendant has been retried either following an order granting a retrial by a court of this state or in obedience to a decision of a court of the United States, it becomes necessary that the jury's verdict be modified to prevent a sentence on the second trial being greater than the verdict pronounced at the first trial, then the trial court is authorized to modify the jury's verdict and pronounce judgment accordingly.

Code 1858, § 5225; Shan., § 7198; Code 1932, § 11761; Acts 1972, ch. 591, § 1; T.C.A. (orig. ed.), § 40-2701.

Cross-References. Criminal Sentencing Reform Act, title 40, ch. 35.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, §§ 40, 42.

Law Reviews.

Are Shaming Punishments Beautifully Retributive? Retributivism and the Implications for the Alternative Sanctions Debate, 54 Vand. L. Rev. 2157 (2001).

Criminal Law in Tennessee in 1975: A Critical Survey (Joseph G. Cook), 43 Tenn. L. Rev. 535 (1976).

Specific Crime vs. Criminal Ways: Criminal Conduct and Responsibility in Rule 3E1.1, 54 Vand. L. Rev. 205 (2001).

The Tennessee Court System — Criminal Court (Frederic S. LeClercq), 8 Mem. St. U.L. Rev. 319.


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