Mistrial

mistrial : a trial that terminates without a verdict because of error, necessity, prejudicial misconduct, or a hung jury see also manifest necessity compare dismissal, trial de novo ...

jeopardy 1 : exposure to or imminence of death, loss, or injury 2 : the danger of conviction that an accused person is subjected to when on trial for a criminal offense see also double jeopardy NOTE: Jeopardy attaches, or comes into effect for double jeopardy purposes, when a jury is sworn in or, in a non-jury trial, when the judge begins to hear evidence. The Fifth Amendment to the U.S. Constitution forbids double jeopardy for the same offense, and this applies whether the first trial ends in acquittal, conviction, or a mistrial. If a mistrial occurs due to a manifest necessity or if a defendant appeals a conviction, however, the rule against double jeopardy does not apply. The issue of manifest necessity is determined by the trial judge and, if necessary, by an appeals court. ...

manifest necessity

manifest necessity : a circumstance (as an incurable pleading defect, the unavailability of an essential witness, juror misconduct, or illness of counsel) which is of such an overwhelming and unforeseeable nature that the conduct of trial or reaching of a fair result is impossible and which necessitates the declaration of a mistrial NOTE: If there is a manifest necessity for the declaration of a mistrial, the defendant may be retried without violation of the prohibition on double jeopardy. ...

verdict

verdict [alteration (partly conformed to Medieval Latin veredictum) of Anglo-French veirdit statement, finding, verdict, from Old French veir true (from Latin verus) + dit saying, from Latin dictum] 1 : the usually unanimous finding or decision of a jury on one or more matters (as counts of an indictment or complaint) submitted to it in trial that ordinarily in civil actions is for the plaintiff or for the defendant and in criminal actions is guilty or not guilty compare judgment compromise verdict : a verdict produced not by sincere unanimous agreement on guilt or liability but by an improper surrender of individual convictions ;specif : an impermissible verdict by a jury that is unable to agree on liability and so compromises on an award of damages that is less than what it should be if the plaintiff has a right of recovery free from any doubts di·rect·ed verdict 1 : a verdict granted by the court when the party with the burden of proof has failed to present sufficie...

deadlocked jury

deadlocked jury a jury that is unable to agree upon a verdict. A deadlocked jury results in a mistrial. Source: Federal Judicial Center ...

retrial

retrial : a trial of a matter already tried NOTE: A retrial is barred by double jeopardy following a mistrial for which there was no manifest necessity. ...

trial de novo

trial de novo : a trial in a higher court in which all the issues of fact or law tried in a lower court or tribunal are reconsidered as if no previous trial had taken place compare mistrial ...

Mistrial

A false or erroneous trial a trial which has no result a trial which comes to no conclusion such as a criminal trial which does not produce a unanimous verdict of the jurors...

Mistrial - Law Dictionary Search Results