mistrial

A mistrial is a trial that ends without a verdict, leaving the charges unresolved and no judgment of guilt or innocence entered. It occurs when some error or event interrupts the proceedings in a way that prevents a fair or complete resolution of the case.

Common causes include a hung jury unable to reach a unanimous verdict, juror misconduct or incapacity, serious procedural or legal errors, prejudicial statements or actions by participants, or a failure to disclose essential evidence. Mistrials can also result from other conditions that make continuing the trial impossible or unfair.

There are two main forms of mistrial. One occurs when jurors cannot agree on a verdict and the court declares a hung jury, ending the trial without a decision. The other arises from a substantial error or prejudice that prevents a fair trial, prompting the judge to terminate proceedings. In some jurisdictions, a mistrial may be declared at the request or with the consent of the parties.

Consequences and retrial. A mistrial is not a conviction or an acquittal. In most systems, the government may retry the defendant for the same offense after a mistrial, subject to double jeopardy rules. However, retrial may be barred if the mistrial was caused by the defendant’s own actions or with the defendant’s express consent. If retrial occurs, it proceeds as a new trial with a new opportunity to secure a verdict.

A mistrial differs from a final acquittal, which ends the case and protects against further prosecution for the same offense.