A mistrial is typically declared by the presiding judge in a court case. A mistrial is declared when a trial is terminated and deemed invalid before its normal conclusion. This may occur for various reasons, such as:
Jury Misconduct: If the jury engages in misconduct or violates the court's instructions, a mistrial may be declared.
Legal Error: If there is a serious legal error during the trial that could impact the fairness of the proceedings, a mistrial may be declared.
Prejudicial Evidence: The introduction of evidence that is highly prejudicial and cannot be properly addressed or cured by jury instructions may lead to a mistrial.
Deadlocked Jury: If the jury is unable to reach a unanimous verdict and is deadlocked, the judge may declare a mistrial.
Serious Misconduct by a Party: If there is serious misconduct by one of the parties involved in the trial, the judge may declare a mistrial.
Other Circumstances: There can be various unforeseen circumstances or emergencies that arise during a trial, making it impossible to continue, leading to a mistrial.
It's important to note that mistrials are not declared lightly, and judges carefully consider the circumstances before making such a decision. After a mistrial is declared, the case may be retried with a new jury or under different circumstances. The decision to grant a mistrial is within the discretion of the presiding judge.
It's important to note that mistrials are not declared lightly, and judges carefully consider the circumstances before making such a decision. After a mistrial is declared, the case may be retried with a new jury or under different circumstances. The decision to grant a mistrial is within the discretion of the presiding judge.
Who grants the mistrial, the judge?
A mistrial is typically declared by the presiding judge in a court case. A mistrial is declared when a trial is terminated and deemed invalid before its normal conclusion. This may occur for various reasons, such as:
Jury Misconduct: If the jury engages in misconduct or violates the court's instructions, a mistrial may be declared.
Legal Error: If there is a serious legal error during the trial that could impact the fairness of the proceedings, a mistrial may be declared.
Prejudicial Evidence: The introduction of evidence that is highly prejudicial and cannot be properly addressed or cured by jury instructions may lead to a mistrial.
Deadlocked Jury: If the jury is unable to reach a unanimous verdict and is deadlocked, the judge may declare a mistrial.
Serious Misconduct by a Party: If there is serious misconduct by one of the parties involved in the trial, the judge may declare a mistrial.
Other Circumstances: There can be various unforeseen circumstances or emergencies that arise during a trial, making it impossible to continue, leading to a mistrial.
It's important to note that mistrials are not declared lightly, and judges carefully consider the circumstances before making such a decision. After a mistrial is declared, the case may be retried with a new jury or under different circumstances. The decision to grant a mistrial is within the discretion of the presiding judge.
see my comment above.
This is why I think they chose a different route.