Mistrial - Definition and Overview

Mistrial. In law, a trial that a judge cancels while it is in progress.

A mistrial may be declared due to

• Some fundamental error caused in procedure
• Because it is discovered that a court lacks jurisdiction over a case
• Jurors were selected improperly
• Some misconduct prevents a fair trial
• A hung jury

Declaration of a mistrial means another trial must be held in the same matter: one important exception under the United States Constitution is that in criminal cases, if a mistrial was erroneously declared by the court, or if a mistrial was the result of prosecutorial misconduct that had the effect of "goading" the defendant into moving for it, then a retrial is barred by the protection against double jeopardy and the prosecution is terminated.

See also

• Law of the United States
• English law