Can a mistrial be declared after guilty verdict?

The Jury Cannot Reach a Unanimous Verdict Most states require that juries vote unanimously to convict a defendant. If the jury cannot reach an unanimous decision for a guilty verdict – and also do not find the defendant to be not guilty – then this will be a hung jury and the judge can declare a mistrial.

When should a judge declare a mistrial?

A judge may declare a mistrial for several reasons, including 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.

Can a judge call a mistrial?

A judge may call a mistrial for many reasons. For instance, somebody may have made a statement in front of the jury that prompted prejudice toward the defense. In this case, the defendant’s right to a fair trial has been sabotaged. Some things happen outside the power of the defense or prosecution.

Does mistrial mean not guilty?

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.

What causes a judge to declare a mistrial in a case?

Reasons for a Mistrial. There are a number of reasons a judge may declare a mistrial, most of which involve a fundamental error in the proceedings that cannot be overcome by special instructions given to the jury. Reasons for a mistrial may include such things as: Lack of court jurisdiction over the subject.

Can a prosecution retry a defendant after a mistrial?

Whether or not the prosecution can retry the defendant at a later date is a little complicated. When a mistrial is declared at the defendant’s request, or with his consent, jeopardy does not end, making it possible for the prosecution to initiate another trial.

How does a motion for a mistrial work?

Either side may make a motion for a mistrial. The judge will either grant the motion and declare a mistrial, or he or she will not grant the motion and the trial will go on.

Can a mistrial be declared on a deadlocked jury?

Deadlocked, or “hung” jury – a jury that cannot reach an agreement on the defendant’s guilt or innocence. Even if a mistrial was declared because of a procedural error by the prosecution or the judge, the defendant may be retried, unless the prosecutor or judge acted in bad faith.