Mistrials

A mistrial is a trial that has been terminated and has no legal effect because of a procedural error or other circumstance that prevents a valid judgment from being rendered. The result of a mistrial is that the case must be tried again, or in some instances, dismissed. Mistrials can be declared by a judge either on their own motion or at the request of one of the parties.

Common reasons for a mistrial include juror misconduct, such as improper discussions or the introduction of outside information, or the inability of the jury to reach a unanimous verdict. Other causes can involve the death or serious illness of a party, an attorney, or a juror. Improper evidence being presented to the jury, or a prejudicial statement made by a witness or attorney, can also lead to a mistrial.

When a mistrial is declared, the proceedings are essentially reset. The prosecution or plaintiff can choose to retry the case. However, due to the Double Jeopardy Clause of the Fifth Amendment in the United States, a defendant cannot be tried again if the mistrial was due to insufficient evidence or prosecutorial misconduct intended to provoke a mistrial. The decision to declare a mistrial is a serious one, as it can result in significant delays and costs, and a new trial may not always be possible or desirable.