What Is Mistrial?

A mistrial occurs when a trial is invalidated before its natural conclusion due to a significant error, procedural problem, or inability of the jury to reach a unanimous verdict, known as a hung jury.

When a mistrial is declared, the trial ends without a verdict, and the case may be retried at a later date with a new jury.

Mistrial Explained

Mistrials can be declared for various reasons, including juror misconduct, prejudicial error by a lawyer or judge that affects the trial's fairness, a hung jury, or external circumstances that necessitate stopping the trial.

Declaring a mistrial ensures that both parties have a fair opportunity for their case to be heard without undue prejudice or legal errors undermining the process. The declaration of a mistrial does not equate to an acquittal in criminal cases; the prosecution has the option to retry the case from the beginning with a new jury.

The Term Mistrial in Different Legal Contexts

Although most commonly associated with criminal trials, mistrials can also occur in civil litigation under similar circumstances that prevent a trial from being fairly concluded. The principles ensuring a fair trial apply across the legal spectrum, protecting the integrity of the judicial process.

Common Misconceptions About the Meaning of Mistrial

One common misconception is that a mistrial signifies the end of the case, preventing it from being retried.

In reality, a mistrial usually means the case can be retried as if the mistrial had never occurred. Another misunderstanding is that a mistrial is a judgment on the merits of the case; however, a mistrial is a procedural issue, not a determination of guilt, innocence, or liability.

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