Is jury intimidation grounds for a mistrial?

Once selected, jurors could be bribed or intimidated to act in a certain manner on duty. It could also involve making unauthorized contact with them for the purpose of introducing prohibited outside information and then arguing for a mistrial.

What is a mistrial with prejudice?

Mistrial for prejudice to defendant. The judge must declare a mistrial upon the defendant’s motion if there occurs during the trial an error or legal defect in the proceedings, or conduct inside or outside the courtroom, resulting in substantial and irreparable prejudice to the defendant’s case. …

Is a mistrial an acquittal?

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.

Are you acquitted in a mistrial?

What happens to the grounds for a mistrial?

At this point it is important for the attorney to preserve for appeal all grounds for mistrial by including them in the record by written motion, affidavits, oral statements on the record, etc. Going through a second trial can create problems for both sides.

When does a judge declare a mistrial in Texas?

| Expunctions | Order of Non-Disclosure | Prostitution Lawyer |. A judge will declare a mistrial in a criminal trial in Texas when it is determined that the case cannot come to a satisfactory conclusion. The most common reason a mistrial is declared is when the jury determines that they cannot reach a unanimous decision of guilty or not guilty.

Can a mistrial be declared with fewer than 11 jurors?

Jury deliberation with fewer than 11 jurors requires the consent of both lawyers in the case, otherwise the judge must declare a mistrial.) Mistrials typically benefit defendants, and defense counsel therefore request them more frequently than prosecutors.

Can a deadlocked jury cause a mistrial?

A “hung jury”—when a jury is deadlocked with no hope of coming to an agreement—is also grounds for a mistrial. That was the basis for the mistrial declared in the recent high-profile prosecution of former Credit Suisse First Boston investment banker Frank Quattrone.

What are the grounds for a mistrial in NC?

The third statutory basis for declaring a mistrial is “if there occurs during the trial an error or legal defect in the court proceedings, or conduct inside or outside the courtroom resulting in substantial and irreparable prejudice to the defendant’s case.” G.S. 15A-1061. If so, the judge must order a mistrial.

Why was a mistrial declared in a criminal case?

United States, 85 the Court permitted retrial of the defendant when the trial judge had, on his own motion and with no indication of the wishes of defense counsel, declared a mistrial because he thought the prosecutor’s line of questioning was intended to expose the defendant’s criminal record, which would have constituted prejudicial error.

Jury deliberation with fewer than 11 jurors requires the consent of both lawyers in the case, otherwise the judge must declare a mistrial.) Mistrials typically benefit defendants, and defense counsel therefore request them more frequently than prosecutors.

Why was a mistrial granted in the Washington, 83 case?

Washington, 83 defense counsel in his opening statement made prejudicial comments about the prosecutor’s past conduct, and the prosecutor’s motion for a mistrial was granted over defendant’s objections. The Court ruled that retrial was not barred by double jeopardy.