Mistrial
A mistrial occurs when 1) a jury is unable to reach a verdict and there must be a new trial with a new jury; 2) there is a serious procedural error or misconduct that would result in an unfair trial, and the judge adjourns the case without a decision on the merits and awards a new trial. See, e.g. Williamson v. United States, 512 U.S. 594 (1994).
Definition from Nolo’s Plain-English Law Dictionary
A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a right to a fair trial or to a jury that can't agree on a verdict (a "hung jury"). If a judge declares a mistrial in a civil case, he or she will direct that the case be set for a new trial at a future date. Mistrials in criminal cases can result in a retrial, a plea bargain, or a dismissal of the charges.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:20 pm
