Mistrials are trials that aren’t completed successfully. A mistrial may be declared by the judge before the jury returns a verdict in a trial, or the judge hands down his or her decision in a trial that doesn’t involve a jury.
Trial judges may declare a mistrial for many different reasons. Evidence of anything that might hinder a jury’s ability to decide the case impartially and unanimously can be considered grounds for a mistrial.
Other possible reasons for a mistrial include:
- Procedural error
- Juror misconduct (such as having contact with one of the parties outside of the courtroom, considering evidence that isn’t presented at the trial, or conducting an independent investigation)
- Illness, injury, or death of a lawyer, judge, or juror that prevents him or her from continuing the trial
- An unexpected event, such as an outburst in the courtroom, that might unfairly sway one or more members of the jury
- A fundamental error that’s unfair to the defendant that can’t be fixed by appropriate instructions to the jury (for example, inappropriate remarks in the prosecutor’s summation)
Hung jury
Another relatively common reason for declaring a mistrial is what is known as a “hung jury.” This term means that the jury is deadlocked and there is absolutely no hope of reaching a unanimous agreement.
How mistrials work to defendants’ advantage
Defense lawyers, such as Dan Chambers, benefit from cases being declared mistrials, so they request them more frequently from judges than prosecutors. The prosecution must prove a case beyond a reasonable doubt to convince the jury and judge that the defendant is guilty, and with the passage of time, witness’ memories become less clear, witnesses may die or disappear, and testimony may change from its original version.
Additionally, if a mistrial occurs, in some instances, a defendant may not be tried again because of the double jeopardy clause of the Constitution. It’s a complicated clause to understand, but when it is applied, it may prevent the state of California from retrying a defendant.
Get a free consultation today
Schedule a free initial consultation with Southern California’s top criminal defense attorney Dan Chambers to learn about what would likely happen if a mistrial is declared in your case. He can also discuss the entire overall legal strategy with you and determine the best overall course of action to attain the ideal outcome. Get Southern California’s best criminal defense attorney on your side by scheduling a free initial consultation today by calling 714-760-4088, emailing dchambers@clfca.com, or clicking “CONTACT” at the top right of this page.
