Mistrials: digging into them
In life, we can get at crossroads. We are unsure of the next step to take. The judge and the jury too can get stuck in a case. Circumstances may force them to give a non conclusive decision. In such a situation, the case is said to have had a mistrial.
Circumstances that lead to a mistrial
Where death of a member of the jury or the attorney occurs, a mistrial may result. There may be some irregularities during the selection of the jury which may be discovered later when the proceedings are way underway. It will not be just to let the same jury decide on the case. Thus, a mistrial results.
Some remarks by the prosecution may completely damage benefit of doubt for the defendant by the jury. This means the jury already find the accused guilty before the case is concluded.
Juror misconduct: for example, one of the jury maybe making contacts with one of the parties which can lead to prejudicial decision.
Deadlocked or hung jury: this is where they are insufficient jurors voting to one way or the other so as to deliver a verdict. The judge may ask them to deliberate further but if no verdict is reached, the judge declares a mistrial due to hung jury.
What happens to the defendant in case of a mistrial?
The defendant is neither acquitted nor convicted. The only option is to have the case retried. It is important for a juror not to compromise his stand just because a mistrial will result. If they do, the defendant maybe convicted for a wrong a juror considers they did not commit. It is easier to retry a mistrial than a conviction.
When does a mistrial require a retrial?
Hung juries: The judge thanks the jury for their effort, excuses them and sets a date for the next hearing of the case. It is solely the decision of the prosecution to decide whether they would want a mistrial. Most of the time, the parties will negotiate a plea, which may well be dismissed by the prosecutor.
Misconduct by prosecution: This is a very rare occasion and in case it occurs, the defense lawyers can demand for a mistrial and possible acquittal of the defendant. When a mistrial is granted, a retrial will definitely result.
Necessity: Some circumstances may force the judge to grant a mistrial in the case. In this case, the defendant is not protected against double jeopardy (where a defendant is prosecuted and tried twice for the same crime based on the same evidence).
source http://www.winterwoodlodge.com/mistrials/
