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What does a mistrial mean?

A mistrial means the trial ended without a valid final decision on the case. It can happen when a jury cannot agree on a verdict or when a serious error or misconduct makes a fair trial impossible.

Last updated: 6 September 2026

What happens after a mistrial?

A mistrial is not the same as an acquittal or a conviction. In many cases the matter can be tried again with a new jury. For example, federal criminal rules allow a court to declare a mistrial on counts where a jury cannot agree, and the government may retry those unresolved counts.

Why can a judge declare one?

Common reasons include a deadlocked jury, improperly admitted prejudicial evidence, jury problems, or serious misconduct by participants in the trial. The exact consequences depend on the circumstances and jurisdiction.

Does double jeopardy always block a retrial?

No. A retrial is often permitted after a hung-jury mistrial, but double-jeopardy rules can matter when a mistrial is declared without sufficient necessity or over a defendant's objection. That question is fact-specific.

Sources

United States Courts — Mistrial
Cornell Legal Information Institute — Mistrial
Federal Rule of Criminal Procedure 31

This page explains a legal term for general information and is not legal advice.

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