mistrial

n.

1. A trial that becomes invalid because of basic prejudicial error in procedure.
2. An inconclusive trial, as one in which the jurors fail to agree on a verdict.

This entry contains information applicable to United States law only.

A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial. It differs from a "new trial," which recognizes that a trial was completed but was set aside so that the issues could be tried again.

A judge may declare a mistrial for several reasons, including lack of jurisdiction, incorrect jury selection, or a deadlocked, or hung, jury. A deadlocked jury — where the jurors cannot agree over the defendant's guilt or innocence — is a common reason for declaring a mistrial. Extraordinary circumstances, such as death or illness of a necessary juror or an attorney, may also result in a mistrial. A mistrial may also result from a fundamental error so prejudicial to the defendant that it cannot be cured by appropriate instructions to the jury, such as improper remarks made during the prosecution's summation.

In determining whether to declare a mistrial, the court must decide whether the error is so prejudicial and fundamental that expenditure of further time and expense would be wasteful, if not futile. Although the judge has the power to declare a mistrial and discharge a jury, this power should be "exercised with great care and only in cases of absolute necessity" (Salvatore v. State of Florida, 366 So. 2d 745 [Fla. 1978], cert. denied, 444 U.S. 885, 100 S. Ct. 177, 62 L. Ed. 2d 115 [1979]).

For example, in Ferguson v. State, 417 So. 2d 639 (Fla. 1982), the defendant moved for a mistrial because of an allegedly improper comment made by the prosecution during closing argument. The prosecution stated that not only was defense counsel asking the jury to find a scapegoat for the defendant's guilt, he was also putting the blame on someone who had already been found guilty. The appellate court found that the lower court had properly denied the motion for a mistrial because the prosecutor's comment fell within the bounds of "fair reply."

A mistrial in a criminal prosecution may prevent retrial under the double jeopardy provision of the Fifth Amendment, which prohibits an individual from being tried twice for the same offense, unless required by the interests of justice and depending on which party moved for the mistrial. Typically, there is no bar to a retrial if the defendant requests or consents to a mistrial. A retrial may be barred if the court grants a mistrial without the defendant's consent, or over his objection. If the mistrial results from judicial or prosecutorial misconduct, a retrial will be barred. In United States v. Jorn, 400 U.S. 470, 91 S. Ct. 547, 27 L. Ed. 2d 543 (1971), the Supreme Court held that reprosecuting the defendant would constitute double jeopardy because the judge had abused his discretion in declaring a mistrial. On his own motion, the judge had declared a mistrial to enable government witnesses to consult with their own attorneys.

See: Criminal Procedure; Harmless Error; Hung Jury.

Note: click on a word meaning below to see its connections and related words.

The noun has one meaning:

Meaning #1: a trial that is invalid or inconclusive

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Dansk (Danish)
n. - ugyldig domsforhandling (retssag som fører til en ny retssag)

Nederlands (Dutch)
nietig geding, geding zonder conclusie

Français (French)
n. - (Jur) procès entaché d'un vice de procédure

Deutsch (German)
n. - fehlerhaft geführter Prozeß, ergebnisloser Prozeß

Ελληνική (Greek)
n. - (νομ.) κακοδικία

Italiano (Italian)
sentenza viziata da errore

Português (Portuguese)
n. - julgamento nulo (m) (Jur.)

Русский (Russian)
неправибьное судебное разбирательство

Español (Spanish)
n. - juicio que se declara nulo

Svenska (Swedish)
n. - ogiltigförklarad rättegång

中文（简体）(Chinese (Simplified))
无效审判

中文（繁體）(Chinese (Traditional))
n. - 無效審判

한국어 (Korean)
n. - (법) 무효 심리

日本語 (Japanese)
n. - 無効審理, 誤判, 未決定審理

العربيه (Arabic)
‏(الاسم) محاكمه جزائيه‏

עברית (Hebrew)
n. - ‮משפט לא תקף בשל טעות בהליכים, משפט שהמושבעים אינם יכולים להסכים בו על פסק-הדין (ארה"ב)‬

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