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What constitutes a mistrial in a magistrates court?
A judge may cancel a trial prior to the return of a verdict; legal parlance designates this as a mistrial.A judge may declare a mistrial due to:The court determining that it lacks jurisdiction over a case,Evidence being admitted improperly,Misconduct by a party, juror,[1] or an outside actor, if it prevents due process,A hung jury which cannot reach a verdict with the required degree of unanimityDisqualification of a juror after the jury is impanelled, if no alternate juror is available and the litigants do not agree to proceed with the remaining jurors.A declaration of a mistrial generally means that a court must hold a retrial on the same subject.An important exception occurs in criminal cases in the United States. If the court erroneously declares a mistrial, or if prosecutorial misconduct forced the defendant into moving for a mistrial, the constitutional protection against double jeopardy bars any retrial
Is a new arrest warrant issued after a hung jury?
No. The defendant still remains charged with the same offense unless the charge is dismissed by the judge. Whatever the defendants status was before the hung-jury trial will remain the same until the court takes action to either dismiss the charge or re-schedule a new trial.
How many times can a there be a hung jury on the same case?
Are you asking about how many times a single jury might get sent back to the jury room for more deliberation after delivering a hung jury finding to the judge? It probably depends on the circumstances, but it could be several times. As far as subsequent re-trials of the same case also resulting in repeatedly hung juries, there seems to be no statutory limit how many times a case may be re-tried, but there surely can have been VERY few such instances.
How many jury can make you not guilty?
Unless there is a mistrial or a new trial is ordered after a conviction is appealed, there is only one trial per defendant per set of charges. An acquittal (finding of "not guilty") cannot be appealed. This is the same whether the trial is heard by a judge (a bench trial) or a jury.
What happens in a hung jury situation?
When they can not come to a unanimous decision. I think it would refer to being hung up as in going over a fence or similar. Being caught in the middle and not being able to go one way or the other.
How can or why is it a person can be charged multiple times for the same incident?
You may be talking about somebody who had a hung jury or something and was charged again when they had the better evidence!
Can you be retried after a mistrial?
Yes. Until you have been found guilty or not guilty, or the judge or attorney decides not to go any further with the case and drops it, you can be continuously retried. However, if your case goes outside the jurisdictions of the "speedy trial" laws of your state, you and your lawyer can petition the court on your behalf to drop it.
What happens when a trial is declared a mistrial?
When a mistrial occurs from prosecutorial error, usually the defendant is retried. In cases where the prosecution deliberately provokes a mistrial because the trial isn't going well and the defendant is likely to be acquitted, the Court will not allow the prosecution to potentially benefit from its misconduct through a retrial. If this happens, the charges against the defendant are generally dismissed.
Is it possible that different conclusion can be inferred from the same evidence?
Yes. The evidence is presented in a courtroom. The jury hears it. The prosecutor presents his conclusion to the jury. The defense attorney presents his conclusion to the jury. The judge gives instructions to the jury. The jury goes to the jury room. The jury returns with the verdict. The term verdict is a fancy term for conclusion. Both sides heard the same evidence. The prosecutor presented evidence. The defense attorney presented evidence. In some cases there is a hung jury. That means one or more jurors heard the evidence and disagreed with the others and would not change his or her mind.
Does Double Jeopardy attach in a Florida Criminal case when a Judge declares a mistrial because of a note that the jury was deadlocked the jury deliberated one hour?
No. Double jeapordy does not apply just because a mis-trial is declared. It simply means that the entire case must be re-tried. If the jury had come back with a verdict of not guilty - and the judge ordered you re-tried again on the same charge -THAT would be double jeapordy.
Is jury duty and jury summons the same?
You are summoned to jury duty. This means that you receive a jury summons to perform your jury duty.
What would happen if majority influence occurred within a jury?
This is a theoretical question. While it is possible, it is usually unlikely, that a jury will go into deliberation all believing the same thing. If the majority can persuade the minority of their reasoning then the jury will become unanimous in their verdict. This is the reason that, when juries deliver their verdict, it is quite common for the losing side's attorneys to "poll" the jury and ask each individual juror if this was "their" verdict. It is naive to believe that ALL deliberations among a group of diverse individuals on ANY subject would be conducted without debate and compromise. In a case requiring a unanimous verdict, if any juror(s) is/are convinced of the 'rightness' of their opinion they can hold out and the jury would then be "hung."
