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
- Case may or may not be retried2
- High profile cases ending in a mistrial: Phil Spector, Ehren Watada Trial and Liberty City 73 4 5
- John Gotti Jr, son of the infamous gangster John Gotti, was charged three times with racketeering; each case ended in a mistrial6
- A West Virginia judge declared a mistrial after a juror drank beer on a lunch break7
Reasons for a Mistrial
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
Retrial
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
Common Causes of a Mistrial
- Misconduct by a party or jury member(s)8
- Disqualification or death of a juror with no alternate juror available8
- Absence of a juror, judge, prosecutor or similar figure8
- "Deadlocked" or "hung jury"8
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