linda
NoDecafPlz
>What sort of circumstances in America would
>lead to trials being abandoned, for example, as mistrials?
Mistrial - A trial that ends when the jury cannot
decide whether the accused is guilty or not guilty,
or a legal procedure is violated.
MISTRIAL - An invalid trial, caused by fundamental error. When a
mistrial is declared, the trial must start again from the selection of
the jury.
An erroneous trial on account of some defect in the persons trying,
such as if the jury come from the wrong county or because there was no
issue formed, as if no plea be entered; or some other defect of
jurisdiction.
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THE 'LECTRIC LAW LIBRARY(tm) -- http://www.lectlaw.com
95-158 * *10-17-96* STATE V. FORD * KEYWORDS: SEXUAL INTERCOURSE
WITHOUT CONSENT EVIDENCE CLOSING ARGUMENTS * a motion for a mistrial
will be granted when there is either a demonstration of manifest
necessity, or where the defendant has been denied a fair and impartial
trial; "[a]n error in the admission of evidence may be cured if the
jury is admonished to disregard it"; "the probative value of the
State's evidence was not substantially outweighed by the danger of
unfair prejudice" (Rule 403, M.R.Evid.).
See: http://www.mtbizlaw.com/95-158.htm
http://www.jrnl.com/news/96/Oct/jrn92101096.html
http://www.news-observer.com/newsroom/ntn/info/112197/info4_7574_noframes.html
http://www.austin360.com/news/11nov/22/voter22.htm
http://detnews.com/1997/metro/9706/12/06120183.htm
http://www.netspace.org/herald/issues/120897/trial.f.html
http://canoe1.canoe.ca/JamMusicMichaelJackson/sep27_jackson.html
http://hawaii-nation.org/marshal.html
Sec. 30.009. Mistrial in Justice Court or Municipal Court.
If a jury in a trial in a justice court or a municipal court
is
discharged without having rendered a verdict, the cause may be
tried again as soon as practicable.
http://www.mslawyer.com/mssc/ctapp/960618/92-1120.html
From: http://www.state.mo.us/sca/scaksmit.htm
D. Motion for Mistrial
After the State rested, Smith moved for a mistrial, alleging that he
had been seen in shackles by members of the jury. Smith claimed that
while he was waiting to be transported back to prison at the end of
the day, he could see jurors through a glass door. Smith also believed
that two jurors were able to make eye contact with him while they were
walking to their transport van. The jury room clerk was called and
testified that to his knowledge the jurors had not seen the defendant.
Smith appeals the denial of this motion.
Granting a mistrial is a drastic remedy that should be used only when
necessary to cure grievous prejudice. State v. Beal, 470 S.W.2d 509,
516 (Mo. banc 1971). The decision to overrule a motion for mistrial
will not be overturned absent a finding that the trial court abused
its discretion. Id. Smith did not prove that any juror saw him at all
outside of the court room, much less that jurors saw him, took notice
of his shackles, and that the sight grievously prejudiced him. Proof
is required. Id. The trial court did not abuse its discretion.
http://www.kentlaw.edu/7circuit/1996/dec/96-1350.html
http://www.socialaw.com/sjcslip/6133.html
There are many reasons and so there is not a single, simple straight
forward answer. I wish there was. I suggest doing a further web
search.
Mike
Mike Curtis