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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.
Wiki User
∙ 11y ago
Wiki User
∙ 8y agoWhen a mistrial is declared, the jury is discharged, and, depending on the reason for the mistrial, the Court either will direct that the trial begin again with a new jury or dismiss the charges.
The determination of whether a new trial or dismissal is granted is based upon the Double Jeopardy clause to the U.S. and state constitutions, which provide that a person cannot be tried twice for the same offense, and that a defendant has the right to have his trial determined by the original jury.
Generally, if the defendant requests the mistrial, a new trial will be ordered. If the prosecution requests the mistrial, the defendant only will be ordered to stand trial again if the mistrial resulted from some kind of manifest necessity. A manifest necessity is something that happens during the trial that makes it impossible for justice to be obtained.
A deadlocked jury is an example of a manifest necessity. In this event, the defendants right to have the trial concluded by the original jury is considered outweighed by the public interest in allowing the prosecution one full opportunity to present its case.
When the mistrial occurs from prosecutorial error, usually the defendant can be retried. The exception, however, is in cases where the prosecution deliberately provokes a mistrial. If the prosecution intentionally commits misconduct because of a belief that the trial isnt 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 should be dismissed.
Wiki User
∙ 10y agoIt depends on the reason for the mistrial. The prosecution may decide to either try the case again or postpone till a future date, if at all. If the prosecution wants to move forward with a second trial new jurors have to be selected.
Wiki User
∙ 11y agoThat state has the option of pulling in a new jury pool and set up another trial date
Wiki User
∙ 13y agoIf the prosecution believes that they have a strong enough case, they will re-schedule a new trial.
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What happens in the case of a hung jury?
A hung jury means a mistrial. If a mistrial is declared, the case is tried again unless the parties settle the case or a plea...
How many sets of juries have to come to a hung decision before a case is thrown out?
It doesn't work that way. If the jury is truly hung, a mistrial will be declared. After the mistrial, the parties decide whether to have a new trial with a new jury. In the event that the second jury is hung, another mistrial would be declared, and the parties can choose to have another trial. This goes on and on until the parties settle, voluntarily opt to dismiss, or a trial results in a verdict.
When is a mistrial declared?
A mistrial is declared when a trial is terminated without a verdict due to an error or misconduct that could prevent a fair outcome, such as a jury being unable to reach a unanimous decision, improper jury selection, or a procedural error that affects the rights of the defendant. This results in the need for a new trial to be conducted.
What if there is a mistrial in the Casey Anthony trial?
There was no mistrial. The trial of Casey Anthony was completed and the jury delivered their verdict on July 5, 2011.
Does the state prosecutor have to get new jurors after a mistrial has been declared?
If a mistrial has been declared, a new jury is seated if the prosecutor brings the case again.
Can someone be retried for murder in the state of Texas after a mistrial was declared?
Yes, a mistrial does not mean he was found not guilty.
Can court have a second trial?
If there was a mistrial the first time
What pronouncement does the head jury make after a trial?
Usually, at the end of a trial a jury will render a verdict. A verdict could be guilty or innocent depending on what the jury believes. Sometimes, there is no verdict and a mistrial can be declared and the case can be retried.
What causes a mistrial?
A mistrial is when something happens during your case's trial that renders the trial invalid through some type of error. For instance, if the jury can not come to a verdict, or if someone working on the trial did something or didn't declare something that is against the ethics of the court/law. Example:Someone on the jury knew the defendant or plantif, or had a resentment or connection to the case or the law in general. Or maybe one of the attorneys is doing something unethical, and etcetera. You are NOT found innocent and/or the case is NOT dismissed if a mistrial is declared. It simply means the prosecution now has to start all over, and a new trial and jury has to be created, and is often now hindered greatly. It is REALLY GOOD news if you're the one being charged in the trial (usually).
What is the next step if a mistrial is declared in Virginia?
all people involved will be executed
How are a mistrial and a new trial alike?
Both involve a legal proceeding being stopped and restarted. A mistrial occurs when the original trial is terminated due to a serious error or issue, while a new trial is scheduled to start fresh after the first trial's outcome is overturned. In both cases, the aim is to ensure a fair legal process and outcome for all parties involved.
What is the difference between a mistrial and a request for a new trial?
A mistrial occurs when a trial is terminated before a verdict is reached due to procedural errors or misconduct. A request for a new trial is made after a verdict is reached but is based on legal errors or misconduct that occurred during the trial process.
