A mistrial is a trial that is not completed and is declared invalid, usually before a verdict is delivered. Mistrials may occur for a variety of reasons, including:
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Hung Jury: When a jury is unable to reach a verdict after repeated attempts, it is known as a hung jury. This is one of the most common reasons for a mistrial.
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Procedural Errors or Misconduct: A mistrial may be declared due to serious procedural errors or misconduct that would result in an unfair trial. Grounds for a judge to order a mistrial include improper admission of prejudicial evidence, misconduct by the court, counsel, parties, or witnesses, and jury errors, among other grounds.
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Comments Made in Front of the Jury: If comments are made in front of the jury that would make it unfair to continue the trial with the same jury, a mistrial may be declared.
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Unavailability of a Key Participant: If a key participant in the trial becomes unavailable due to illness, injury, or death, a mistrial may be declared.
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Misconduct on the Part of an Attorney or Juror: If there is misconduct by a party, attorney, or juror involved in the case, a mistrial may be declared.
When a mistrial is declared, the trial is halted and declared invalid, usually before a verdict is delivered. Depending on what prompted the mistrial, most cases will be retried again at a later date. However, a mistrial may end a current criminal case, but this is not the same thing as the defendant securing an acquittal. When a case results in a mistrial, the prosecution may have the option of refiling the case with procedural and/or clerical errors corrected. It’s also possible for the attorneys on either side of the case to change depending on the reason for the mistrial ruling.
