The American system of justice is quite complex, with a host of procedural protections for all players that enter into the judicial process. Perhaps one such component of this system that occasionally arises in the process of handling cases is termed as a mistrial. But just what does it mean when a trial is referred to as a mistrial within a criminal case? The following article will explain in detail what a mistrial is, for what reason it occurs, and what its effects are, as well as discuss how important a good lawyer is in a person’s life if such an occurrence takes place.
What Is a Mistrial?
Mistrial is a case that was either reconsidered or annulled for some reason without the passing of a decree. In other words, a mistrial means that no result was reached as a result of the trial. So it is evident that a mistrial is not a conclusion but rather, the start of the end so to speak. Any number of reasons or errors can result in a mistrial or the mistrial itself can arise because of different factors.
In other words, a mistrial is a legal tool that allows the system to correct what is perceived to be an error in the fabric of the trial. It would be fair to say that if a mistrial has been declared, it does signify an effed up conclusion. However, there can be quite a bit of variation if we consider the implications of a court saying ’let’s do this over’ . All in all, a Mistrial is a turn around and where on almost every case a different verdict is expected.
Common Reasons for a Mistrial
There are many reasons mistrials might take place, however the most prevalent relate to jury deadlock, procedural mistakes or professional malfeasance. Let’s take a look at these in more detail:
1. Jury Deadlock (Hung Jury)
Jury deadlock which is also called a hung jury, is one major reason for the mistrial. The American system requires the judgment to be done through a jury of peers that needs to come to a perverted conclusion for the majority of the crimes. This means that all members of the jury have to concur on the fact whether the defendant is guilty or not guilty.
When juries deliberate for a longer period but are unable to reach a consensus on all the issues, the judge considers this cause as an opportunity to assert the mistrial rule’. It is because the jurors are unable to carry out their basic duty which is ascertaining whether the accused is innocent or guilty. In such a situation, it is the case in the prosecution which it has the choice of retrying with another jury, leaving the case, or seeking a settlement with the alleged accused.
2. Procedural Errors
Mistrials most frequently occur due to some form of procedural error that leads to a certain unfairness in the trial process. For instance, there are rigorous rules in the preservation and presentation of evidence, the treatment of witnesses, and the conduct of trial. “Understanding Knife Laws in New York is an example of legislation that could impact trial procedures depending on the charges involved”. These rules make equal opportunity for prosecution and defense to be heard and thus present a case. In serious procedural errors, like egregious mismanagement of evidence, inadequate instruction of the jury, or otherwise admitting other evidence, a judge may rule for a mistrial. These types of errors void the trial and prevent an honest determination of the fact. A defense could now motion for dismissal of all charges, or the prosecution may re-try the case with corrected procedures.
3. Professional Misconduct
One more acknowledged ground for a mistrial is professional misconduct by the prosecution or the defense. Attorneys must observe the ethical rules and professional standards; thus, any intentional departure from such standards will have serious consequences against the trial. Examples of this are attempts to introduce excluded evidence, making statements designed to inflame the jury, or knowingly presenting perjured testimony. After a judge determines that one or both parties have engaged in misconduct that would impact the fairness of the trial itself, he has the authority to void the results of a trial and grant a new trial.
Sometimes professional misconduct involves such severest of penalties on the lawyers concerned with their disbarment or some other disciplinary action. Both parties must abide by the code of conduct so as to ensure a just trial to all the parties involved.
Implications of a Mistrial
Consequences depend on why the mistrial occurred. Generally speaking, a mistrial either requires that a case be dismissed or re-tried. However, whether or not a case is retried depends on several factors including, among others, the grievousness of the charges, the strength of the evidence, and of course, the reasons behind the case for mistrial.
1. Retrial of the Case
Generally, in the case of a mistrial, the prosecution has a right to retry the case. It means the entire trial process gets started all over again with a different jury, and both sides will get a fresh chance to prove themselves. A retrial of a case can be costly to the prosecution and defense since they usually have to present the same arguments and pieces of evidence all over again.
The decision to retry the case, however, is not automatic. There is discretion for the prosecution as to whether it would serve the interests of justice in pursuing a retrial. If the evidence against the defendant were weak or the mistrial was because of major errors or misconduct, it may not be pursued.
2. Dismissing the Charges
In certain cases, there is a full dismissal of charges by the judge. This is most likely to occur if the mistrial was occasioned through gross errors or misconduct that cannot be cured. In such a case, where the court dismisses a case “with prejudice,” this means the prosecution is barred from refiling the same case, and neither may the defendant be re-tried on those same charges. This many times is done to protect the rights of the defendant from being tried over and over again for the same crime.
Conversely, when a case is dismissed “without prejudice,” the prosecution, under certain circumstances, may still be able to refile charges at a later date.
The Importance of a Defense Attorney in Cases of Mistrial
Imposing criminal charges can overwhelm any defendant, particularly when such a case was declared a mistrial and left to the discretion of the court as to its future actions. It is in such instances that one certainly requires the services of a defense attorney to press through the rigors of the legal system on behalf of the client.
1. Fair Procedures
One of the most important things a defense attorney usually does is to make sure that due process is served, and procedures are followed correctly in the sequence of events leading up to and through a trial. Everything from how evidence is handled and how witnesses are interrogated down to the case presentation by the prosecution will be scrutinized by the defense attorney. The defense attorney makes sure all procedures are followed by minimizing the chances of a mistrial to take place due to some sort of procedural error.
2. Addressing Procedural Errors
If these errors occur in the procedure, the defense attorney may take such further action as he sees fit. He might file a motion to dismiss charges or request the judge to declare a mistrial. A prompt and rapid move of the defense attorney towards such procedural errors acts to safeguard his client’s rights to a fair trial.
3. Responding to Professional Misconduct
If the prosecution acts in a professionally improper manner, such behavior can be brought to the attention of the judge by a defense attorney, who can duly request appropriate remedies, such as a mistrial or dismissal of the charges. The experienced defense attorney will know when to look for mistakes and will be prepared to take whatever steps are necessary in order to protect the interests of their client.
FAQs About Mistrials in Criminal Cases
“FAQs About Mistrials in Criminal Cases. If you’re looking for more details on criminal law, check out our article on Common Criminal Law Questions In New York State.”
Q: What Is a Mistrial in a Criminal Case?
A mistrial is a declaration that a trial cannot continue because something in the proceedings has negated the likelihood of a fair conclusion. The end of a trial must conclude with a “guilty” or “not guilty” decision, and usually that will be hindered by procedural errors, jury deadlock, or professional misconduct.
Q: Is a Mistrial the End of a Criminal Case?
A mistrial concludes the current criminal case, but it may not necessarily acquit the defendant. With the identified procedural or clerical errors fixed, the prosecution can refile the case. In rare occasions, the judge can dismiss the case “with prejudice”, which could bar the case from a future retrial.
Q: Can a Defendant Request a Mistrial?
Although the defense attorney cannot formally motion for a mistrial, he or she may be able to make motions to dismiss charges based on his or her belief in procedural violations or violation of rights of his or her client. Ultimately, the judge must decide whether the circumstances indeed merit declaring the case a mistrial.
Q: Can a Defendant Face Trial Again After a Mistrial?
Yes, a defendant might face trial again after a mistrial. If the prosecution thinks it is in the interest of justice to pursue a conviction, then it will be refiling the case. On the other hand, when the judge declares a mistrial and dismisses the case “with prejudice,” then it cannot be retried.
Q: Why is a defense attorney important in my case?
An individual should be represented by an experienced legal counselor in case criminal charges are brought against him, inclusive of the risk of a mistrial. This being so, it is the mandate of the defense attorney to assist his client in navigating through the gall of the legal system and protect his rights as well as see proper proceedings are carried out before, during, and after the hearing of his case. Indeed good counsel does guarantee a difference in one’s trial.
Conclusion
Coming from either a hung jury or sometimes even procedural errors or even professional misconduct a mistrial is a sudden and complex result in a criminal case, sometimes with overwhelming effects on both the prosecution and the defense. To a defendant, a mistrial may well equate to uncertainty and continued legal obstacles. At the same time, nevertheless, a defendant, with the assistance of an efficient defense attorney, will be able to overcome such situations and work his or her way out for the best result of the case.
It has been designed in a given way to ensure fairness and protection for all parties against the rights of others in terms of criminal justice. In every declaration of mistrial, you will need to have an attorney who understands how the system works and can well represent you in a court. If you are facing criminal charges or if you have questions about mistrials and your legal options in defending yourself, it is best to get in touch with a qualified defense attorney to ensure that your rights are protected and that you receive a fair trial.
