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If information becomes available to the judge that would indicate that under the law the defendant did not receive a fair trail due to this new information it is possible, but unlikely. And it would usually come before a verdict is reached by the jury.
It is also possible, but rarely seen, that a judge will put aside the jury's recommendation as to the punishment phase. In most states, the jury recommends death, life with no parole, ect. A judge can refuse the jury and make his own recommendation.
If a guilty verdict has been handed down and sentence is passed, it's a done deal. It would have to be corrected by a new trial or on appeal from a higher court. New trials are hard to come by. The evidence must be substantial to justify the time and expense to taxpayers that a new trial would generate.
What else can I help you with?
When a criminal trial jury is unable to reach unanimous verdict what declaration will the trial judge issue?
If the jury cannot reach a verdict, the judge may find them to be a hung jury and declare a mistrial.
What is the statute of limitations for a mistrial verdict?
10 yrs
What jury means a jury can not find a verdict?
A hung jury is when the jury members can't agree so the judge dismisses them.
When a jury can not reach a verdict resulting in a mistrial.?
It is called a hung jury
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.
What you call the decision of the judge or court?
A ruling, verdict, judgement or (simply) decision.
If a judge falls asleep during a jury trial is that double jeopardy?
No, but you can call for a mistrial if the result doesn't go your way.
What is the difference between a mistrial and a request for a new trial?
A mistrial occurs before the end of the trial, usually caused by improper responses from a witness, improper questions from an attorney or some statement or action in the presence of the jury that prejudices the jury. A mistrial also occurs if the jury is unable to reach a verdict. If a judge declares a mistrial then the trial is finished. A new trial with a new jury usually follows at a later date. A motion for a new trial may be filed by a defense attorney after a defendant has been found guilty at the completion of the original trial. The motion for a new trial is usually based on a defense attorney's perception of an error committed by the judge in the original trial.
Can prosecutor retrial after mistrial verdict?
In the US, people are always considered innocent until they are found guilty of a crime beyond any reasonable doubt. This gives a prosecutor a difficult task. Nevertheless, court situations can vary. If the judge in a case has found some irregularity during a trial, the judge may declare a mistrial. This does give the prosecutor the option to seek a new trial.
Can a judge overturn a not guilty verdict?
No, a judge cannot overturn a not guilty verdict. Once a jury or judge has found a defendant not guilty, the verdict is final and cannot be changed by the judge.
How do you make a sentnce with verdict and dictate?
The judge reached a verdict. He proceeded to dictate the memo.
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
