Also known as: mistrials
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A trial terminated by the court without a merits determination due to procedural error or serious misconduct during the proceedings.
A trial terminated by the court without a merits determination due to procedural error or serious misconduct during the proceedings.
Ming Ma testified for the prosecution. The defense requested her prior statement under the rule but the government refused to produce it. The court struck the testimony and, finding justice required it, declared a mistrial.
Marco Marquez's trial drew heavy media coverage. A seated juror read news reports despite the court's order and shared details with others. The court declared a mistrial after finding the jury could no longer remain impartial.
A trial that concludes without a verdict because the jury cannot reach agreement on one or more counts.
Meredith Maxwell faced trial on two fraud counts. After days of deliberation the jury reported agreement on one count but deadlock on the other. The court declared a mistrial on the unresolved count and discharged the jury.
Malcolm McKinley stood trial for conspiracy. The jury deliberated for three days and returned unable to agree on any count. The court declared a mistrial and the government prepared to retry the case.
A trial that concludes without a verdict because the jury cannot reach agreement on one or more counts.
Each sense below has its own examples, sources, and questions.
Miles Montgomery's co-defendant made statements implicating him. The court admitted the statements over objection. After the prosecutor conceded the error was prejudicial, the court declared a mistrial.
Before ordering a mistrial the court must give each defendant and the government an opportunity to comment on the propriety of the order, to state whether the party consents or objects, and to suggest alternatives.
A mistrial declared for manifest necessity does not bar retrial. Retrial is permitted when a fundamental procedural defect requires aborting the trial.
Melissa Mills was convicted after a first trial ended in mistrial due to a hung jury. On retrial the court imposed a longer sentence. The defendant challenged the increased penalty as violating double jeopardy principles.
A court may declare a mistrial when the jury cannot reach a verdict on one or more counts. The government may then retry the defendant on those counts.
If a poll reveals lack of unanimity the court may direct the jury to deliberate further or may declare a mistrial and discharge the jury.
…356 U.S. 464, 474, 475 (Warren, C.J., dissenting). "Harassment of an accused by successive prosecutions or declaration of a mistrial so as to afford the prosecution a more favorable opportunity to convict are examples when jeopardy attaches." Downum v. United States , 372 U.S. 734, 736. And finally, it prevents the…