what happens in case of a mistrial
What Happens in Case of a Mistrial
A mistrial is a legal term that refers to the termination of a trial before a verdict has been reached. There are many reasons why a mistrial may be declared, including
* A hung jury, which means that the jurors are unable to reach a unanimous verdict.
* A significant error by the judge or jury.
* Unacceptable conduct by one of the parties involved in the trial.
* The death or illness of a juror.
When a mistrial is declared, the case is not dismissed. Instead, it is returned to the prosecutor, who has the option of retrying the case. The defendant also has the right to demand a new trial.
Who Benefits from a Mistrial
The outcome of a mistrial can depend on a number of factors, including the reason for the mistrial and the strength of the evidence against the defendant. In general, a mistrial is more likely to benefit the defendant than the prosecution.
This is because the prosecution has the burden of proof in a criminal case. They must prove the defendant’s guilt beyond a reasonable doubt. If the jury is unable to reach a unanimous verdict, it means that there is reasonable doubt about the defendant’s guilt. This gives the defendant a strong argument for a new trial.
The prosecution may also be reluctant to retry a case that has already resulted in a mistrial. This is because they may believe that the jury is more likely to acquit the defendant the second time around. Additionally, the prosecution may have to expend additional resources to retry the case, such as time and money.
What Happens After a Mistrial
The specific procedures that follow a mistrial will vary depending on the jurisdiction. However, in general, the following steps will typically be taken
1. The prosecutor will decide whether or not to retry the case.
2. If the prosecutor decides to retry the case, the defendant will have the opportunity to demand a change of venue.
3. The case will be scheduled for a new trial.
The new trial will begin with jury selection. The prosecution and defense will have the opportunity to present their case to the jury. The jury will then deliberate and reach a verdict.
Conclusion
A mistrial is a serious matter that can have a significant impact on the outcome of a criminal case. If you are facing a mistrial, it is important to speak with an experienced criminal defense attorney to discuss your options.
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