Can a case be tried again after a mistrial?

0 votes
asked Apr 17 in Law/Ethics by my89Jeepie (920 points)
Can a case be tried again after a mistrial?

1 Answer

0 votes
answered Apr 20 by Vanmarikje (3,110 points)
Yes a case can be tried again in a trial against the defendant if the Judge allows for the case to be tried again.

Some Judges may not allow another trial for the defendant after a mistrial but some judges will allow it.

A judge may decide to disallow this in some cases, but the prosecutor is usually allowed to proceed.

You can have a mistrial for as many times as is needed to convict the defendant in the case they are trying them for.

Just because a judge declares a mistrial does not mean the defendant will not be convicted later on.

A mistrial means that there was no verdict, so until the prosecutor decides to stop trying the case, they can continue to go to trial.

It is unfortunate, but unless the jury agrees they can keep trying.

What happens when a case is a mistrial is the defendant is not convicted of the charges against them during the trial.

In the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted.

An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried.

When there is a mistrial, however, the case may be retried.

There are several causes of a mistrial in court which include the lack of jurisdiction, incorrect jury selection, or a deadlocked, or hung, jury.

A deadlocked jury—where the jurors cannot agree over the defendant's guilt or innocence—is a common reason for declaring a mistrial.

In law a mistrial is when a trial is cancelled without a verdict.

In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes.

One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute.

Trials can also be divided by the type of dispute at issue.


The Old Bailey in London (in 1808) was the venue for more than 100,000 criminal trials between 1674 and 1834.

A criminal trial is designed to resolve accusations brought (usually by a government) against a person accused of a crime. In common law systems, most criminal defendants are entitled to a trial held before a jury.

Because the state is attempting to use its power to deprive the accused of life, liberty, or property, the rights of the accused afforded to criminal defendants are typically broad.

The rules of criminal procedure provide rules for criminal trials.


A civil trial is generally held to settle lawsuits or civil claims—non-criminal disputes. In some countries, the government can both sue and be sued in a civil capacity. The rules of civil procedure provide rules for civil trials.


Although administrative hearings are not ordinarily considered trials, they retain many elements found in more "formal" trial settings. When the dispute goes to judicial setting, it is called an administrative trial, to revise the administrative hearing, depending on the jurisdiction.

The types of disputes handled in these hearings is governed by administrative law and auxiliarily by the civil trial law.

A judge may cancel a trial prior to the return of a verdict; legal parlance designates this as a mistrial.

A judge may declare a mistrial due to:

The court determining that it lacks jurisdiction over a case.

Evidence being admitted improperly, or new evidence that might seriously affect the outcome of the trial being discovered.

Misconduct by a party, juror,[1] or an outside actor, if it prevents due process.

A hung jury which cannot reach a verdict with the required degree of unanimity. In a criminal trial, if the jury is able to reach a verdict on some charges but not others, the defendant may be retried on the charges that led to the deadlock, at the discretion of the prosecution.

Disqualification of a juror after the jury is empaneled, if no alternative juror is available and the litigants do not agree to proceed with the remaining jurors, or the remaining jurors not meeting the required number for a trial.

The illness or death of a juror or attorney.

Attempting to change a plea during an ongoing trial, which normally is not allowed.

Either side may submit a motion for a mistrial; on occasion, the presiding judge may declare one on a motion of his/her own.

If a mistrial is declared, the case at hand may be retried at the discretion of the plaintiff or prosecution, as long as double jeopardy does not bar that party from doing so.

39,351 questions

43,542 answers


1,838,231 users