What happens when a trial is declared a mistrial?

Answer 1

That state has the option of pulling in a new jury pool and set up another trial date

Answer 2

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.

Answer 3

When 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.

Answer 4

It 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.

Answer 5

If the prosecution believes that they have a strong enough case, they will re-schedule a new trial.