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.
If the jury cannot reach a verdict, the judge may find them to be a hung jury and declare a mistrial.
10 yrs
A hung jury is when the jury members can't agree so the judge dismisses them.
It is called a hung jury
There was no mistrial. The trial of Casey Anthony was completed and the jury delivered their verdict on July 5, 2011.
A ruling, verdict, judgement or (simply) decision.
No, but you can call for a mistrial if the result doesn't go your way.
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.
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.
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.
The judge reached a verdict. He proceeded to dictate the memo.
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