Business, Legal & Accounting Glossary
A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party’s right to a fair trial or to a jury that can’t agree on a verdict (a hung jury) If a judge declares a mistrial in a civil case, he or she will direct that the case be set for a new trial at a future date. Mistrials in criminal cases can result in a retrial, a plea bargain or a dismissal of the charges.
A trial that has been declared invalid because of an error in procedure, or because of the hung jury.
n. the termination of a trial before its normal conclusion because of a procedural error, statements by a witness, judge or attorney which prejudice a jury, a deadlock by a jury without reaching a verdict after lengthy deliberation (a “hung” jury), or the failure to complete a trial within the time set by the court. When such situations arise, the judge, either on his own initiative or upon the motion (request) of one of the parties will “declare a mistrial,” dismiss the jury if there is one and direct that the lawsuit or criminal prosecution be set for trial again, starting from the beginning.
A mistrial occurs if a trial is ended prior to its normal conclusion. A mistrial can occur for a variety of reasons including if a court lacks jurisdiction over the case, there was improper admittance of evidence or testimonies, there was misconduct of any individual that prevents due process, there is a hung jury (the jury cannot decide on a verdict), or there is a disqualification of a juror after the jury has been chosen (only if there is not an alternate juror and the parties cannot agree to continue with the case).
If a mistrial is declared by the judge it can be done with or without prejudice. If the judge declares a mistrial with prejudice the case cannot be retried again. If the judge declares a mistrial without prejudice the prosecution can decide whether or not to retry the case a second time.
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This glossary post was last updated: 28th April, 2020 | 0 Views.