A mistrial may be declared when an error corrupts the process, comments or evidence are unfair, unforeseen events occur, or there is prosecutorial or judicial misconduct. The case may be abandoned or a new process ordered, with or without prejudice.
Sometimes a process cannot continue, due to an irrevocable error that corrupts the process to the point that it cannot reach a fair and impartial conclusion. Impartiality is the premise of any trial and if it is impossible to achieve, a mistrial must be declared. Generally, such an error injures a party so badly that the jury cannot reach a verdict, or the judge cannot ensure that the verdict is fair.
In some cases, a mistrial is sought because of seemingly unfair comments or inadmissible evidence presented in the opening or closing remarks. If jury instructions cannot repair the damage, the judge may have to call a mistrial. It’s hard to expect a jury to simply ignore such statements, and then proceed objectively as if they hadn’t been made.
Unforeseen events, especially of a catastrophic nature, can also lead to a mistrial. The death of a necessary attorney, judge, juror, or witness may require it. An attorney can file a motion for a mistrial. The reasons for the annulment must be demonstrated, reflecting that the situation cannot reasonably be restored in an impartial proceeding by other means.
Since cases with obvious errors will usually be overturned on appeal, a judge will likely allow the motion. In some cases, the judge will declare a mistrial without a motion being filed, if the circumstances overwhelmingly indicate that a unanimous or objective verdict is impossible.
Even when a mistrial is declared, it doesn’t necessarily mean the case is closed. It can be abandoned or a new process can be ordered. The judge will declare it with or without prejudice. If it is declared with prejudice it means that the case cannot be reconsidered.
A mistrial with bias will occur in cases involving prosecutorial or judicial misconduct. This is possible in high profile cases when it seems that it is not possible to assemble an impartial jury. It may also be necessary if the available evidence is unduly prejudicial and must be excluded. If the prosecution cannot make its case without such evidence, there is no point in trying again.
The term without prejudice means that the case can be reconsidered at a later date. After declaring the trial mistrial, the judge can order a new trial. The decision to move forward or to drop the case outright is sometimes left to the prosecution, based on its ability to retry the case effectively and fairly. If a new trial is ordered, it will start over and require the formation of a new jury.
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