What is a mistrial?
Asked by: Leta Herzog | Last update: September 8, 2025Score: 4.4/5 (54 votes)
A mistrial occurs when a jury is unable to reach a verdict and there must be a new trial with a new jury; or 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.
What happens if you have a mistrial?
When a mistrial is declared, it has several implications for the defendant. First and foremost, it means that the current trial proceedings are terminated, and the defendant is neither acquitted nor convicted. The case is essentially reset, and the defendant may face a retrial in the future.
Does a mistrial mean the person goes free?
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.
What is a mistrial in Canada?
A mistrial is a trial that ends without a final judgement, caused by a fundamental error. After a mistrial is declared, the trial must start again with the selection of a new jury if it is a jury case.
Can a person be tried again after a mistrial?
If a mistrial is declared after that point, the Double Jeopardy Clause may prevent the defendant from being retried for the same offense, unless certain exceptions apply. For example, if a mistrial is declared because of a hung jury, or at the request of the defendant, a retrial is generally allowed.
WHAT IS A MISTRIAL? | LAWYER EXPLAINS | #procedure #injurylawyer
Is a mistrial good or bad?
Good Implications
Time for Re-evaluation: A mistrial gives the defense more time to reevaluate their strategy. Prosecution Reluctance: The prosecution might be less inclined to retry the case due to the resources already expended. Plea Bargains: A mistrial could lead to more favorable plea bargains.
Do you stay in jail after a mistrial?
A mistrial does not automatically get you out of jail, but it might change your circumstances. A mistrial occurs when a verdict cannot be reached for some reason. In the event of a mistrial, the terms and conditions of your bail will continue.
How rare 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.
Why would a lawyer want a mistrial?
Requests for a mistrial are often made immediately after an error occurs, states Cornell Law. This is done in order to avoid tainting the verdict with "prejudice."
What is the difference between mistrial and not guilty?
A unanimous guilty verdict yields a conviction, and a unanimous not guilty verdict results in an acquittal, but if the jury cannot reach a unanimous agreement, the court declares a mistrial.
Who decides a mistrial?
A mistrial occurs when a jury is unable to reach a verdict and there must be a new trial with a new jury; or 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.
Who benefits most from a hung jury?
In some cases, the defense may benefit from a hung jury if it suggests that the evidence against the defendant is not strong enough to convince all 12 jurors of their guilt. On the other hand, the prosecution may benefit from a hung jury if it suggests that the case is still strong enough to pursue a retrial.
Can a judge overrule a jury?
A judge will issue a JNOV if he or she determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.
How many times can there be a mistrial?
The state or government can retry a case as many times as they want after repeated mistrials. (Which is the official result of a hung jury). However, most times, if the state or government retrys a case once after a mistrial, then there is a second mistrial, they usually decline subsequent attempts.
Can a judge overrule a hung jury?
Technically no, because a hung jury by definition didn't take any action, so there's nothing to overrule. In some jurisdictions, a judge may dismiss a criminal case even after a hung jury, but it is quite rare for them to do so.
Who can ask for a mistrial?
The judge can call a mistrial because someone requested it—such as the defense attorney or prosecutor. Additionally, a judge can declare a mistrial if they independently see something that they think invalidates the trial.
What are the disadvantages of a mistrial?
Cons: Increased Costs: A mistrial means additional legal fees, court costs, and time spent preparing for a new trial. Emotional Strain: The plaintiff must endure the stress and uncertainty of going through another trial.
Are you innocent after a mistrial?
This means that the prior proceedings are no longer valid, and the process for a new trial must begin with the same parties and charges but a new jury (if there is a jury). Because a mistrial is neither a finding of innocence or guilt, a prosecutor in a criminal case can decide to retry the defendant.
What is the number one reason for a mistrial?
5 COMMON REASONS FOR A MISTRIAL
Jurors were improperly selected. Inadmissible evidence. A key trial participant is unavailable. The jury cannot reach a unanimous verdict (often referred to as “hung jury.”
Does a mistrial set you free?
It is a request to terminate the trial after the trial has begun, due to some interruption before a verdict is reached. If granted, the constitutional bar in criminal trials in the Fifth Amendment and Article 1, section 15 of the California Constitution bar double jeopardy, so defendant cannot be put to trial again.
What causes a mistrial in Canada?
A finding of a mistrial is a discretionary power of the trial judge. The Judge must "assess whether there is a real danger that trial fairness has been compromised." A mistrial will also arise where there is an apprehension of bias.
What justifies 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.
How many times can a trial be retried?
How many times can a defendant be retried? For those facing hung jury retrials, it's as many times as the government pleases. Double jeopardy prohibitions do not apply when juries fail to reach a verdict. There is, theoretically, a built-in procedural solution to stop the government from endlessly retrying defendants.
What is the difference between a mistrial and a hung jury?
Juries must reach a unanimous decision before they can return a guilty verdict. This means that all jurors must agree for the defendant to be found guilty; otherwise, a mistrial occurs. If there is disagreement among the jurors, it is referred to as a “hung jury”.
How long until hung jury?
It varies based on the complexity of the case and how long the trial took. In a short (3 or 4 day) state court case, the judge will usually declare a mistrial after two or three days of deliberations. In a complex federal collar case, the judge could give it a week or two.