Kly, must a directed verdict of acquittal follow only upon the defense's request?
Yes. It would constitute ineffective assistance if defense counsel failed to request it where it was appropriate. I've never seen where a request was not made in a case, in which a judge would have granted it though.
Do I understand that a judge can order an acquittal even without a defense request?
No. There must be a motion from the moving party. At the close of the prosecution's case-in-chief, the defendant may make a motion for directed verdict. Defense counsel may also move for judgment
non obstante veredicto (JNOV)after a guilty verdict to allow a judge to order an acquittal or vacate part of the verdict. This latter request may only be made if a direct verdict had been requested earlier. Some jurisdictions may vary the procedure mildly, but I am unaware of a trial judge ever being empowered to override a jury's guilty verdict on his or her own motion.
The circumstances that give rise to a directed verdict are uncommon. It is hard to imagine defense counsel not making a motion. The motion is made in many cases where the evidence doesn't bear out the necessary grounds just to preserve the issue.
Of course, the prosecution may not seek a directed verdict or JNOV in any criminal case because of its constitutional burdens.
