Guide Note

A mistrial occurs when a judge cancels a trial before a verdict is rendered. A mistrial is considered an invalid trial. Any retrial of the same case will start fresh, with previous testimony or findings having no effect on the new trial.¹

Fast Facts

1. Case may or may not be retried²
2. High profile cases ending in a mistrial: Phil Spector, Ehren Watada Trial and Liberty City 7^{3 4 5}
3. John Gotti Jr, son of the infamous gangster John Gotti, was charged three times with racketeering; each case ended in a mistrial⁶
4. A West Virginia judge declared a mistrial after a juror drank beer on a lunch break⁷

A judge may declare a mistrial for a number of reasons, including incorrect jury selection or lack of jurisdiction. A deadlocked jury is a common reason for a mistrial to be declared.⁸ A 'deadlocked' or 'hung jury' happens when jurors can't agree on the defendant's guilt or innocence.⁹

In most instances the case can be tried again. However, if the court wrongly declares a mistrial, or if the prosecution's misconduct leads to the mistrial, double jeopardy may take effect and prevent prosecutors from retrying a criminal case. Double jeopardy protects individuals from being prosecuted more than once for the same crime.^{2 10}

1. Misconduct by a party or jury member(s)⁸
2. Disqualification or death of a juror with no alternate juror available⁸
3. Absence of a juror, judge, prosecutor or similar figure⁸
4. "Deadlocked" or "hung jury"⁸