Can jury nullification cause a mistrial?

This decision, often cited, has led to a common practice by United States judges to penalize anyone who attempts to present a nullification argument to jurors and to declare a mistrial if such argument has been presented to them.

Is jury intimidation grounds for mistrial?

The Effect of Improper Influence If a juror has been influenced by outside information as a result of jury tampering, juror misconduct, or simple mistake, then the judge might declare a mistrial and grant the defendant a new trial.

What is the most common reason that a judge declares a mistrial?

A judge may declare a mistrial for several reasons, including lack of jurisdiction, incorrect jury selection, or a deadlocked, or hung, jury. A deadlocked jury—where the jurors cannot agree over the defendant’s guilt or innocence—is a common reason for declaring a mistrial.

What are some of the problems with a jury trial?

Juries are biased. Juries disregard the judge’s instructions or the law itself when reaching a verdict. Juries know too much about a case from media publicity to be able to render a fair judgment, or juries know too little and are unable to comprehend the issues in complex cases.

Can you retry someone after a mistrial?

It is questionable whether or not retrial after a hung jury is Constitutional. Nonetheless, in the United States today, it is generally permitted. If a mistrial occurs due to a hung jury, the prosecutor may decide to retry the case.

Why would a judge declare a mistrial?

A mistrial may be declared for a number of reasons. One of the most common reasons for a judge to declare one is due to a hung jury. A “hung jury” is when a jury deadlocks after lengthy deliberations and can’t come to an unanimous decision on the defendant’s guilt or innocence.

What is the difference between a hung jury and mistrial?

A “hung jury” is when a jury deadlocks after lengthy deliberations and can’t come to an unanimous decision on the defendant’s guilt or innocence. A mistrial can also occur when there has been a fundamental injury to the rights of a defendant to have a fair trial.

Does double jeopardy apply if a mistrial is declared?

The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution prevents the government from prosecuting a defendant more than once for the same offense. However, most of the time double jeopardy doesn’t apply if a mistrial is declared.