Legal Definitions - Mistrial

A mistrial occurs when a judge stops a court case before a verdict or final judgment is reached, usually because a significant problem has arisen that prevents a fair resolution. When a mistrial is declared, the current trial is ended, and a new trial is typically ordered to take place at a later date, often with a new jury.

There are two primary reasons a judge might declare a mistrial:

• Inability of the Jury to Reach a Verdict: This happens when the jury, after deliberating for a significant period, informs the judge that they are hopelessly deadlocked and cannot unanimously agree on a decision. Without a unanimous decision (in most cases), the trial cannot conclude.
• Serious Procedural Error or Misconduct: This occurs when a significant mistake or improper action takes place during the trial that is so severe it would prevent either party from receiving a fair hearing. Such errors might include improper evidence being presented, juror misconduct, or a lawyer's inappropriate behavior.

Here are some examples illustrating when a mistrial might be declared:

• Imagine a high-profile criminal case where the jury deliberates for five days, but despite repeated attempts, they send a note to the judge stating they are absolutely unable to agree on whether the defendant is guilty or innocent. Some jurors firmly believe the defendant is guilty, while others are equally convinced of their innocence, and no amount of further discussion changes their minds.

  This would result in a mistrial because the jury is unable to reach a verdict. The trial cannot proceed to a judgment, and a new trial with a different jury would be necessary.

• Consider a civil lawsuit concerning a complex business dispute. During the trial, it is discovered that one of the jurors, despite explicit instructions from the judge, has been actively researching the companies involved in the case online and sharing their findings with other jurors in the deliberation room. This outside information was not presented as evidence in court.

  This scenario would likely lead to a mistrial due to serious procedural error or misconduct. The juror's actions compromise the fairness of the trial by introducing unauthorized information, making it impossible for the jury to base their decision solely on the evidence presented in court.

• In a personal injury trial, a lawyer for the plaintiff accidentally displays a document to the jury that the judge had previously ruled inadmissible as evidence because it was highly prejudicial and irrelevant to the case. Even though the document was quickly removed, several jurors clearly saw its contents.

  A judge would likely declare a mistrial here due to a serious procedural error. The jury has been exposed to information they should not have seen, which could unfairly influence their decision, making it impossible to ensure a fair trial based only on proper evidence.