Steps in a Trial
Mistrials are trials that are not successfully completed. Theyre terminated and declared void before the jury returns a verdict or the judge renders his or her decision in a nonjury trial.
Mistrials can occur for many reasons:
- death of a juror or attorney
- an impropriety in the drawing of the jury discovered during the trial
- a fundamental error prejudicial (unfair) to the defendant that cannot be cured by appropriate instructions to the jury (such as the inclusion of highly improper remarks in the prosecutor's summation)
- juror misconduct (e.g., having contacts with one of the parties, considering evidence not presented in the trial, conducting an independent investigation of the matter)
- the jury's inability to reach a verdict because it is hopelessly deadlocked.
Either side may make a motion for a mistrial. The judge will either grant the motion and declare a mistrial, or he or she will not grant the motion and the trial will go on.
>>Diagram of How a Case Moves Through the Courts
>>Civil and Criminal Cases
>>Pre-trial Procedures in Civil Cases
>>Jurisdiction and Venue
>>Pre-trial Procedures in Criminal Cases
>>Bringing the Charge
>>Pre-Trial Court Appearances in Criminal Cases
>>Civil and Criminal Trials
>>Officers of the Court
>>The Jury Pool
>>Selecting the Jury
>>Motion for Directed Verdict/Dismissal
>>Presentation of Evidence by the Defense
>>Instructions to the Jury
>>Motions after Verdict