A mistrial occurs when 1) a jury is unable to reach a verdict and there must be a new trial with a new jury; 2) there is a serious procedural error or misconduct that would result in an unfair trial, and the judge adjourns the case without a decision on the merits and awards a new trial.

What happens when a case is mistrial?

In the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted. An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried.

Why do mistrials occur?

A judge may declare a mistrial for several reasons, including lack of jurisdiction, incorrect jury selection, or a deadlocked, or hung, jury. ... Extraordinary circumstances, such as death or illness of a necessary juror or an attorney, may also result in a mistrial.