Mistrial (disambiguation): Difference between revisions

'''Mistrial'''. In [[law]], a [[trial]] that a [[judge]] cancels while it is in progress.

A mistrial may be declared due to

* Some fundamental error caused in [[procedure]]

* Because it is discovered that a [[court]] lacks [[jurisdiction]] over a [[case]]

* [[Juror]]s were selected improperly

* Some misconduct prevents a [[due process|fair trial]]

* A [[hung jury]]

Declaration of a mistrial means another trial must be held in the same matter: one important exception under the [[United States Constitution]] is that in criminal cases, if a mistrial was erroneously declared by the court, or if a mistrial was the result of prosecutorial misconduct that had the effect of "goading" the defendant into moving for it, then a retrial is barred by the protection against [[double jeopardy]] and the prosecution is terminated.

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==See also==

*[[Law of the United States]]

*[[English law]]

[[Category:Law]]