Mistrial in the United States
A trial ended before it arrives at a conclusion. A mistrial occurs in the wake of an extraordinary situation. A mistrial may be declared, for example, because one or more of the jurors cannot continue. More often, a mistrial occurs because of a prejudicial error that cannot be corrected. A prosecutor, for example, may refer to the existence of inadmissible evidence. The remark may produce such prejudice toward the defendant that its impact cannot be repaired by instructions to the jury to disregard it. As a result, ajudge may determine that the trial cannot continue. A mistrial also occurs because of a hung jury. Such a jury is one whose members cannot produce a verdict because they are hopelessly deadlocked. When a unanimous vote is required, refusal by only one juror to agree with the others on a decision results in a hung jury.
See Also
Double Jeopardy (Criminal Process) Jury (Criminal Process).
Analysis and Relevance
A mistrial does not produce a resolution to a dispute. To the contrary, a mistrial represents the failure of the process to return a judgment. Under the double jeopardy concept, a mistrial may prevent retrial of an accused. Trials terminated at the initiative of the defendant or with the accused’s consent may be retried, however. Similarly, if a proceeding is stopped for reasons of “manifest necessity,” reprosecution may occur. Death of a juror or illness of the trial judge constitute manifest necessity. Under the manifest necessity doctrine, trial courts must balance the accused’s interest in concluding the trial with the societal interest of successfully prosecuting the accused. This balance is not done by means of a mechanical test, but by assessing the “totality of circumstances” that emerge at the trial.
Notes and References
- Definition of Mistrial from the American Law Dictionary, 1991, California
Mistrial Definition
A trial which Is erroneous on account of some defect in the persons trying, as if the jury come from the wrong county, or because there was no issue formed, as if no plea be entered, or some other defect of jurisdiction. 3 Croke, 284; 2 Maule & S. 270.
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Legal Issue for Attorneys
A trial which Is erroneous on account of some defect in the persons trying, as if the jury come from the wrong county, or because there was no issue formed, as if no plea be entered, or some other defect of jurisdiction. 3 Croke, 284; 2 Maule & S. 270.
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Notice
This definition of Mistrial Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
A declaration of the court (in U.S. law) that a trial is to be ended because for some reason justice may not be done if the trial continues. Disqualification of the judge or a juror or the inability of the jury to agree upon a verdict may result in a mistrial. The court will declare a mistrial if a matter has been brought to the jury improperly and could possibly prejudice the verdict. The declaration of a mistrial ends the trial, but the action, itself, continues. In other words, the defendant will not be put into double jeopardy (in U.S. law) if he or she is again brought to trial on the same charge.
What is Mistrial?
For a meaning of it, read Mistrial in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Mistrial.
Meaning of Mistrial
In plain or simple terms, Mistrial means: A trial which is void because of some error.
Resources
See Also
Criminal Procedure; Harmless Error; Hung Jury.
Further Reading (Articles)
Mistrials occur for numerous reasons; who might be at fault isn’t predictable, AZ Daily Star; July 5, 2009; KIM SMITH
Commentary: Criminal Law: Mistrial over Defense Objection Might Result in Double Jeopardy, Daily Record (Rochester, NY); May 29, 2013; Muldoon, Gary
Another mistrial threat in Peterson case, The Sun – Naperville (IL); August 15, 2012;
Here we go again: Another mistrial motion, SouthtownStar (Chicago, IL); August 15, 2012
Mistrial ‘Prejudicial’ Remark Causes Judge To End Drug Case Testimony, The News-Item (Shamokin, PA); January 27, 2011; Mark Gilger
Judge considers mistrial request in Drew trial, SouthtownStar (Chicago, IL); August 2, 2012
Judge considers request for mistrial, The Herald News – Joliet (IL); August 2, 2012
`Mistrial’ helps Lou Reed beat rap of solo shortcoming, Chicago Sun-Times; May 13, 1986; Don McLeese
closure denied, justice delayed by dozens of mistrials a year.(Local), The Virginian-Pilot (Norfolk, VA); July 3, 2011
District court
needs to fix mistrial issues, Wyoming Tribune-Eagle (Cheyenne, WY); August 11, 2009
Judge Declares Mistrial in D.C. Police Suit; Jurors Overheard Joking About Case, The Washington Post; May 21, 1991; Tracy Thompson
MISTRIAL DEJA VU: Hung jury disappoints community, New Pittsburgh Courier; December 17, 1997; Anonymous
Mistrial ordered in fatal crash trial, Yakima Herald-Republic; August 10, 2006; Mike Rock
Mistrial In Hospital Corruption Case, Virgin Islands Daily News; June 25, 2011; JOY BLACKBURN
Clemens case ends in mistrial, The Pantagraph Bloomington, IL; July 15, 2011
Merck Mistrial Analysis, Analyst Wire; December 12, 2005
Jurors Get Two Days Off As Mistrial Threat Looms in California Banker’s Trial., Knight Ridder/Tribune Business News; October 21, 2003
Judge Declares Mistrial in Tyco Case., Knight Ridder/Tribune Business News; April 3, 2004
Defendant Seeks Mistrial after Stabbing Witness, The Washington Times (Washington, DC); July 17, 1996; Lacharite, Gretchen
Judge Denies Mistrial in Peterson Case, AP Online; July 30, 2004; BRIAN SKOLOFF, Associated Press Writer
Mistrial Definition in the context of the Federal Court System
An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
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