Can the prosecution ask for a mistrial?

Asked by: Dangelo Hermann  |  Last update: February 19, 2022
Score: 4.8/5 (63 votes)

Another kind of case arises when the prosecutor moves for mistrial because of prejudicial misconduct by the defense. ... Emphasis upon the trial judge's discretion has an impact upon the cases in which it is the judge's error, in granting sua sponte a mistrial or granting the prosecutor's motion.

Can the prosecutor ask for a mistrial?

California law recognizes prosecutorial misconduct and treats it much like the above laws. Further, Penal Code 1181 is the California statute that says a judge may declare a mistrial and grant a new trial if a finding of misconduct.

Can prosecutors move for a mistrial?

A mistrial doesn't necessarily mean the end of the case. In fact, in most cases, the prosecutor will be allowed to retry the case. ... If a defendant objects to the mistrial or a prosecutor instigated the mistrial, double jeopardy principles may prohibit a second trial.

Who can ask for a mistrial?

A judge may declare a mistrial for several reasons, including lack of jurisdiction, incorrect jury selection, or a deadlocked, or hung, jury. A deadlocked jury—where the jurors cannot agree over the defendant's guilt or innocence—is a common reason for declaring a mistrial.

Who decides a mistrial?

Most states require that juries vote unanimously to convict a defendant. If the jury cannot reach an unanimous decision for a guilty verdict – and also do not find the defendant to be not guilty – then this will be a hung jury and the judge can declare a mistrial.

Rittenhouse Defense Requests Mistrial, Claims Prosecution Withheld Evidence

20 related questions found

Who rules on a mistrial?

If a short cause case is not completely tried within five hours, the judge may declare a mistrial or, in the judge's discretion, may complete the trial. In the event of a mistrial, the case will be treated as a long cause case and must promptly be set either for a new trial or for a case management conference.

What is a mistrial in a court case?

mistrial, in law, a trial that has been terminated and declared void before the tribunal can hand down a decision or render a verdict. The termination of a trial prematurely nullifies the preceding proceedings as if they had not taken place.

Is a mistrial good for defendant?

Because a mistrial requires a new trial, both sides have the advantage of trying the case from the beginning and learning from earlier mistakes. ... The defense hopes for holes or mistakes in the prosecution's case, because any gaps in the prosecutor's story can plant “reasonable doubt” in the minds of the jury.

WHO declares a mistrial with prejudice?

Mistrial for prejudice to defendant. Upon motion of a defendant or with his concurrence the judge may declare a mistrial at any time during the trial.

What are the conditions for a mistrial?

A mistrial occurs when 1) a jury is unable to reach a verdict and there must be a new trial with a new jury; 2) there is a serious procedural error or misconduct that would result in an unfair trial, and the judge adjourns the case without a decision on the merits and awards a new trial.

Why would a prosecutor want a mistrial?

Mistrial may be declared on a motion of either party or the court's own motion when a deadlocked jury is unable to reach a unanimous verdict, or when other manifest necessity has made it impossible to proceed in accordance with the law.

Does a mistrial mean a new trial?

Because a mistrial is neither a finding of innocence nor guilt, the prosecution may pursue a new trial. A new trial must be brought within 90 days of the date the trial court declared a mistrial.

Can a mistrial be declared after verdict?

If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. ... After a verdict is returned but before the jury is discharged, the court must on a party's request, or may on its own, poll the jurors individually.

Does double jeopardy apply mistrial?

Mistrials are generally not covered by the double jeopardy clause. If a judge dismisses the case or concludes the trial without deciding the facts in the defendant's favor (for example, by dismissing the case on procedural grounds), the case is a mistrial and may normally be retried.

Can a mistrial with prejudice be retried?

In the United States, if there is a mistrial, or the case is overturned on appeal, generally this is without prejudice and (in the case of a decision overturned on appeal) either all of the case is retried, or, if not all of the case is overturned, the parts that were overturned, such as a sentencing hearing, are ...

How many times can a mistrial be retried?

As a result, the case can be retried as if the first trial had never occurred. This can theoretically continue indefinitely, though as others have said, typically one side (the prosecutor, in a criminal matter) gives up if the second trial also results in a mistrial.

What is a main right protected by the Sixth Amendment?

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be ...

What happens if mistrial with prejudice?

Defense attorney Corey Chirafisi asked for a mistrial with prejudice on November 10, 2021, meaning if the judge granted the motion, prosecutors could not refile the charges. It effectively means the case would be barred or dismissed due to some form of discrimination.

What causes a mistrial in a criminal case?

When jurors are presented with inadmissible evidence, a judge might declare a mistrial. A jury is only supposed to be presented with admissible evidence. Also, if an attorney makes an inappropriate statement when arguing their case or during witness examination, a mistrial might be declared.

Why do people want a mistrial?

Mistrials may also be declared due to misconduct on the part of an attorney or juror; comments made in front of the jury that would make it unfair to continue the trial with the same jury; unavailability of a key participant in the trial due to illness, injury, or death; or other reasons.

Can an appeals court declare a mistrial?

[x] An appellate court will not reverse a military judge's decision to declare a mistrial unless the military judge has abused his discretion under the particular facts and circumstances of the case before him.

What happens with a mistrial due to prosecutorial misconduct?

Sufficiently culpable and harmful misconduct can result in the dismissal of charges or a declaration of a mistrial. Misconduct can also be raised on appeal or by a collateral attack on the conviction through a petition for habeas corpus.

How common is a mistrial?

A sampling of court cases by the National Center for State Courts found that of the cases that went to trial, 6 percent ended in hung juries and 4 percent were declared mistrials for other reasons. In most situations, cases that end in mistrial can be tried again.

How can we prevent mistrials?

The Importance of Evidence Handling

Proper evidence handling is a crucial step in preventing a mistrial. If crime scene evidence is handled without wearing gloves, damaged in any way, or tampered with, it could be grounds for a mistrial and put a dangerous criminal back onto the streets.

Are mistrials retried?

In the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted. An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried.