mistrial

enUK

mis·tri·al

M0347300 (mĭs′trī′əl, -trīl′, mĭs-trī′əl, -trīl′)n. A trial that is rendered void and of no legal effect because of some serious procedural error or irregularity or because of the inability of the jury to reach a verdict.

mistrial

(mɪsˈtraɪəl) n1. (Law) a trial made void because of some error, such as a defect in procedure2. (Law) (in the US) an inconclusive trial, as when a jury cannot agree on a verdict

mis•tri•al

(mɪsˈtraɪ əl, -ˈtraɪl)

n. 1. a trial terminated without conclusion on the merits of the case because of some prejudicial error in the proceedings. 2. an inconclusive trial, as where the jury cannot agree on a verdict. [1620–30]

mistrial

A trial that is invalid because an error has been made or because the jury is unable to agree on a verdict.

Thesaurus

Noun

mistrial - a trial that is invalid or inconclusivetrial - (law) the determination of a person's innocence or guilt by due process of law; "he had a fair trial and the jury found him guilty"; "most of these complaints are settled before they go to trial"law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"

Translations

κακοδικία

mistrial

enUK

Mistrial

A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial. It differs from a "new trial," which recognizes that a trial was completed but was set aside so that the issues could be tried again.

A judge may declare a mistrial for several reasons, including lack of jurisdiction, incorrect jury selection, or a deadlocked, or hung, jury. A deadlocked jury—where the jurors cannot agree over the defendant's guilt or innocence—is a common reason for declaring a mistrial. Extraordinary circumstances, such as death or illness of a necessary juror or an attorney, may also result in a mistrial. A mistrial may also result from a fundamental error so prejudicial to the defendant that it cannot be cured by appropriate instructions to the jury, such as improper remarks made during the prosecution's summation.

In determining whether to declare a mistrial, the court must decide whether the error is so prejudicial and fundamental that expenditure of further time and expense would be wasteful, if not futile. Although the judge has the power to declare a mistrial and discharge a jury, this power should be "exercised with great care and only in cases of absolute necessity" (Salvatore v. State of Florida, 366 So. 2d 745 [Fla. 1978], cert. denied, 444 U.S. 885, 100 S. Ct. 177, 62 L. Ed. 2d 115 [1979]).

For example, in Ferguson v. State, 417 So. 2d 639 (Fla. 1982), the defendant moved for a mistrial because of an allegedly improper comment made by the prosecution during closing argument. The prosecution stated that not only was defense counsel asking the jury to find a scapegoat for the defendant's guilt, he was also putting the blame on someone who had already been found guilty. The appellate court found that the lower court had properly denied the motion for a mistrial because the prosecutor's comment fell within the bounds of "fair reply."

A mistrial in a criminal prosecution may prevent retrial under the Double Jeopardy provision of the Fifth Amendment, which prohibits an individual from being tried twice for the same offense, unless required by the interests of justice and depending on which party moved for the mistrial. Typically, there is no bar to a retrial if the defendant requests or consents to a mistrial. A retrial may be barred if the court grants a mistrial without the defendant's consent, or over his objection. If the mistrial results from judicial or prosecutorial misconduct, a retrial will be barred. In United States v. Jorn, 400 U.S. 470, 91 S. Ct. 547, 27 L. Ed. 2d 543 (1971), the Supreme Court held that reprosecuting the defendant would constitute double jeopardy because the judge had abused his discretion in declaring a mistrial. On his own motion, the judge had declared a mistrial to enable government witnesses to consult with their own attorneys.

Cross-references

Criminal Procedure; Harmless Error; Hung Jury.

mistrial

n. the termination of a trial before its normal conclusion because of a procedural error, statements by a witness, judge or attorney which prejudice a jury, a deadlock by a jury without reaching a verdict after lengthy deliberation (a "hung" jury), or the failure to complete a trial within the time set by the court. When such situations arise, the judge, either on his own initiative or upon the motion (request) of one of the parties will "declare a mistrial," dismiss the jury if there is one, and direct that the lawsuit or criminal prosecution be set for trial again, starting from the beginning. (See: trial)

mistrial

a trial made void because of some error, such as a defect in procedure. In the US an inconclusive trial, as when a jury cannot agree on a verdict.

MISTRIAL. An erroneous trial on account of some defect in the persons trying, as if the jury come from the wrong county or because there was no issue formed, as if no plea be entered; or some other defect of jurisdiction. 3 Cro. 284; Hob. 5; 2 M. & S. 270.

mistrial

mis·tri·al

mistrial

mis•tri•al

mistrial

mistrial

mistrial

mistrial

Mistrial

Cross-references

mistrial

mistrial

mistrial

Words related to mistrial

noun a trial that is invalid or inconclusive

Related Words