If you have heard the term “mistrial” in the news, on television, or during a court case, you may wonder: what does a mistrial mean?
A mistrial is a legal proceeding that ends before a jury reaches a final verdict because something has gone seriously wrong with the trial. When a judge declares a mistrial, the case may need to be tried again, although that does not happen in every situation.
In this article, we explain what a mistrial means, why mistrials happen, what happens after one is declared, and how a mistrial differs from a not-guilty verdict.
What Does a Mistrial Mean?
A mistrial occurs when a trial cannot fairly or properly continue to a conclusion.
In a typical criminal trial, the prosecution and defense present evidence and arguments to a judge or jury. If circumstances arise that prevent the trial from continuing fairly, the judge may declare a mistrial.
A mistrial essentially means that the original trial has ended without producing a valid final verdict.
Importantly, a mistrial does not automatically mean that the defendant has been found innocent or guilty. The legal consequences depend on why the mistrial occurred and the circumstances of the case.
Why Does a Mistrial Happen?
There are several reasons a judge may declare a mistrial. The exact rules vary by jurisdiction, but common situations include:
1. The Jury Cannot Reach a Verdict
One of the best-known reasons for a mistrial is a hung jury.
A hung jury occurs when jurors cannot reach the required agreement on a verdict after reasonable efforts and deliberation. If the jury remains deadlocked, the judge may declare a mistrial.
For example, in a criminal case requiring a unanimous verdict, some jurors may believe the defendant is guilty while others believe the prosecution has not proved its case beyond a reasonable doubt.
2. Serious Juror Misconduct
A mistrial may also occur if a juror does something that seriously affects the fairness of the proceedings.
Examples might include a juror:
- Conducting prohibited research about the case
- Discussing the case with people outside the jury
- Considering information that was not admitted as evidence
- Violating important instructions from the judge
Whether the conduct requires a mistrial depends on its seriousness and whether the problem can be corrected without ending the trial.
3. Improper or Prejudicial Evidence
Sometimes information is presented to the jury that should not have been heard.
If the information is highly prejudicial and the judge believes an instruction to disregard it would not adequately protect the defendant’s right to a fair trial, a mistrial may be considered.
4. Serious Procedural Problems
A major legal or procedural problem can also lead to a mistrial.
For example, circumstances may arise that make it impossible for the trial to proceed in accordance with the rules of criminal procedure or constitutional requirements.
Who Can Request a Mistrial?
A defense attorney or prosecutor may ask the judge to declare a mistrial when they believe a serious problem has made a fair trial impossible.
The judge can also declare a mistrial in appropriate circumstances without simply accepting a party’s request.
However, asking for a mistrial does not mean the judge must grant it. The judge will consider the circumstances and determine whether the problem can be fixed while allowing the trial to continue.
What Happens After a Mistrial?
What happens after a mistrial depends on the reason for the mistrial and the applicable law.
In many criminal cases, the prosecution may be able to retry the defendant. This means the case could begin again with a new jury.
For example, if a jury is genuinely deadlocked and a mistrial is declared, a prosecutor may decide to hold another trial rather than dismiss the charges.
However, a retrial is not automatic. Prosecutors may decide not to pursue another trial, or legal rules may prevent a retrial in certain circumstances.
Can You Be Tried Again After a Mistrial?
Generally, a mistrial does not always prevent a retrial.
One important legal principle involved here is the Double Jeopardy Clause of the U.S. Constitution. In general terms, double-jeopardy protections can restrict the government from repeatedly prosecuting someone for the same offense.
However, whether a retrial is allowed after a mistrial can depend heavily on why the mistrial occurred and whether the defendant consented to or requested it.
For example, a mistrial caused by a genuinely deadlocked jury will generally not have the same legal consequences as a mistrial improperly forced on the defendant for reasons unrelated to the need for a fair trial.
Because these rules can be complicated, someone involved in an actual case should speak with a qualified attorney about the specific circumstances.
Does a Mistrial Mean the Defendant Is Not Guilty?
No. A mistrial is not the same as a not-guilty verdict.
A not-guilty verdict is a final verdict in which the jury finds that the prosecution has not established the defendant’s guilt to the required legal standard.
A mistrial, by contrast, means the trial ended without a valid final verdict.
This distinction is important. If a mistrial is declared because the jury cannot reach a verdict, for example, the defendant has not necessarily been found either guilty or not guilty.
What Is the Difference Between a Mistrial and a Dismissal?
A mistrial and a dismissal are also different.
A mistrial ends the particular trial before a valid verdict is reached. Depending on the circumstances, the charges may still be prosecuted in a new trial.
A dismissal, on the other hand, means the case or charges have been dismissed. Whether the prosecution can bring the charges again depends on whether the dismissal was with or without prejudice and other applicable legal rules.
What Is a Hung Jury?
A hung jury is one of the most common concepts associated with mistrials.
It happens when jurors cannot reach the required verdict after deliberating.
Suppose a jury has twelve members and the law requires unanimous agreement. If some jurors vote guilty and others vote not guilty and they cannot resolve their disagreement, the jury may become deadlocked.
The judge may eventually declare a mistrial because the jury cannot reach a verdict.
Afterward, depending on the circumstances, the prosecution may seek a new trial with a different jury.
Can a Mistrial Be Declared in a Civil Case?
Yes. Mistrials can occur in civil cases as well as criminal cases.
Civil lawsuits generally involve disputes between parties seeking remedies such as monetary damages or other forms of relief rather than criminal punishment.
A mistrial in a civil case can occur because of issues such as juror misconduct, improper evidence, or other circumstances that prevent the jury from fairly deciding the case.
The consequences of a civil mistrial depend on the applicable court rules and the reason the mistrial was declared.
Is a Mistrial Good or Bad?
A mistrial is not inherently good or bad for either side.
Its effect depends on what caused it and what happens afterward.
For the defense, a mistrial may sometimes provide an opportunity for the case to be reconsidered, but it can also mean facing another trial, additional legal expenses, and continued uncertainty.
For the prosecution, a mistrial may mean having to prepare and present the case again, potentially with a new jury.
In either situation, the ultimate outcome depends on the circumstances of the case and the applicable law.
Simple Example of a Mistrial
Imagine that a defendant is on trial for a criminal offense.
During the trial, the jury hears highly prejudicial information that the judge determines should never have been presented to them. The judge considers whether simply instructing the jury to disregard the information would be enough.
If the judge concludes that the jury can no longer fairly decide the case, the judge may declare a mistrial.
The original trial ends without a verdict. Depending on the circumstances and applicable law, the prosecution may then decide whether another trial is legally permitted and appropriate.
Frequently Asked Questions About Mistrials
What happens when there is a mistrial?
The trial ends without a valid verdict. Depending on the reason for the mistrial, the case may potentially be retried.
Does a mistrial mean the case is over?
Not necessarily. A mistrial ends the particular trial, but it does not automatically mean that the underlying case or charges are permanently over.
Does a mistrial mean the defendant wins?
No. A mistrial is not the same as an acquittal or not-guilty verdict.
Can a defendant be retried after a mistrial?
Sometimes. Whether a retrial is allowed depends on the circumstances surrounding the mistrial and applicable law, including double-jeopardy protections.
What is a hung jury?
A hung jury is a jury that cannot reach the required agreement on a verdict. A deadlocked jury can lead to a mistrial.
Final Thoughts
So, what does a mistrial mean?
In simple terms, a mistrial means that a trial has ended before a valid verdict can be reached because a serious problem prevented the proceedings from continuing fairly or properly.
A mistrial can happen because of a deadlocked jury, juror misconduct, improper evidence, or other significant problems. Importantly, a mistrial does not automatically mean that the defendant is innocent, guilty, or permanently free from prosecution.
What happens next depends on the reason for the mistrial and the laws that apply to the case. In some situations, a new trial may be possible; in others, different legal consequences may apply.
This article provides general legal information and is not a substitute for advice from a qualified attorney. Laws and procedures vary by jurisdiction.