mistrial


mistrial
/mis truy"euhl, -truyl"/, n. Law.
1. a trial terminated without conclusion on the merits of the case because of some error in the proceedings.
2. an inconclusive trial, as where the jury cannot agree.
[1620-30; MIS-1 + TRIAL]

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law
      in law, a trial that has been terminated and declared void before the tribunal can hand down a decision or render a verdict. The termination of a trial prematurely nullifies the preceding proceedings as if they had not taken place. Therefore, should another trial on the same charges, with the same defendants, be ordered, that trial would start from the beginning, with the previous testimony or other findings not necessarily relevant in the new court proceedings.

      There are several factors that can result in a mistrial, including the death of an attorney or juror (if the latter is not replaceable by an alternate); a remark that would be highly prejudicial to a party and that the judge may feel cannot, in spite of instructions, be ignored by the jury; or the discovery that members of the jury had discussed the case contrary to court instructions or that a sequestered jury was able to read or hear newspaper or other media reports of the trial. Most often, a mistrial may be declared if the jury itself cannot arrive at a verdict after repeated attempts (i.e., if it is a hung jury).

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Universalium. 2010.

Look at other dictionaries:

  • mistrial — mis·tri·al / mis ˌtrī əl/ n: a trial that terminates without a verdict because of error, necessity, prejudicial misconduct, or a hung jury see also manifest necessity compare dismissal 2, trial de novo …   Law dictionary

  • Mistrial — Mis*tri al, n. (Law) 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. [1913 Webster +PJC] …   The Collaborative International Dictionary of English

  • mistrial — (n.) 1620s; see MIS (Cf. mis ) (1) + TRIAL (Cf. trial) (n.) …   Etymology dictionary

  • mistrial — ► NOUN ▪ a trial made invalid through an error in proceedings …   English terms dictionary

  • mistrial — [mis′trī΄əl] n. Law a trial made void because of a) a prejudicial error in the proceedings or lack of jurisdiction by the court ☆ b) the inability of the jury to agree upon a verdict …   English World dictionary

  • mistrial — [[t]mɪ̱straɪəl, AM tra͟ɪ [/t]] mistrials 1) N COUNT A mistrial is a legal trial that is conducted unfairly, for example because not all the evidence is considered, so that there must be a new trial. The past has been scarred by countless… …   English dictionary

  • mistrial — n. (legal) to declare a mistrial * * * [ˌmɪs traɪəl] (legal) to declare a mistrial …   Combinatory dictionary

  • mistrial — UK [mɪsˈtraɪəl] / US noun [countable] Word forms mistrial : singular mistrial plural mistrials legal a trial that was not done correctly and has to be started again …   English dictionary

  • mistrial — An erroneous, invalid, or nugatory trial. A trial of an action which cannot stand in law because of want of jurisdiction, or a wrong drawing of jurors, or disregard of some other fundamental requisite before or during trial. Trial which has been… …   Black's law dictionary

  • mistrial — An erroneous, invalid, or nugatory trial. A trial of an action which cannot stand in law because of want of jurisdiction, or a wrong drawing of jurors, or disregard of some other fundamental requisite before or during trial. Trial which has been… …   Black's law dictionary


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