How Do Mistrials Work

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how mistrials work

A mistrial is a trial that is terminated before the jury reaches a verdict. This can happen for a variety of reasons, such as

* The death or illness of a juror or attorney
* A fundamental error in the trial that cannot be corrected
* Juror misconduct, such as discussing the case with someone outside of the courtroom
* A hung jury, meaning that the jurors are unable to reach a unanimous verdict

When a mistrial is declared, the case is not over. The prosecution can choose to retry the defendant, or they can dismiss the charges. If the prosecution chooses to retry the defendant, the case will start over from the beginning, with a new jury.

Mistrials can be frustrating for both the prosecution and the defense. For the prosecution, it means that they have to go through the entire trial process again, which can be time-consuming and expensive. For the defense, it means that they have to relive the experience of being on trial, and they may have to testify again.

However, mistrials can also be beneficial for both sides. For the prosecution, it gives them a chance to correct any errors that were made in the first trial. For the defense, it gives them a chance to have a new jury that may be more sympathetic to their case.

Ultimately, the decision of whether or not to retry a defendant after a mistrial is up to the prosecution. They will weigh the pros and cons of each option and decide what they believe is the best course of action.

Here are some additional things to know about mistrials

* A mistrial does not mean that the defendant is innocent. It simply means that the trial was not completed in a fair and impartial manner.
* If the prosecution decides to retry the defendant, the defendant is entitled to a new trial, even if they were found guilty in the first trial.
* The defendant cannot be held liable for any costs incurred during the mistrial, such as the cost of the jury.

Mistrials are a rare occurrence, but they can happen in any type of case. If you are facing a mistrial, it is important to speak to an attorney to understand your rights and options.