What is it called when a case has no jury?

A bench trial is tried to a judge only—there’s no jury.

What happens after a mistrial in a civil case?

In the event of a declaration of a mistrial, the plaintiff must opt to retry to the suit at a later date, or elect to drop the suit in its entirety.

What happens if there’s a 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.

What is a mistrial in court?

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 if the jury Cannot reach a verdict?

If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant’s guilt or innocence. The government may retry any defendant on any count on which the jury could not agree.”

What happens if a jury Cannot agree on a verdict?

The jury must return its verdict to a judge in open court. The verdict must be unanimous. If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. The government may retry any defendant on any count on which the jury could not agree.

What happens if a jury can’t agree on a verdict?

If a jury can’t come to a unanimous decision – all of them agreeing on the same thing – it’s called a hung jury. At that point the judge can declare a mistrial. How long jury deliberations last before a mistrial is declared is up to the judge. (Note: The jury can deliver a partial verdict.

Can a judge force a criminal jury to render judgment?

Judges can generally encourage—but not force—criminal juries to render judgment. It’s not uncommon for a criminal jury to be close to a verdict, but to have a few hold-outs. If, after the prosecution and defense have rested their cases and made their closing arguments, the jurors’ deliberations have stalled, a judge might step in.

What does it mean when a judge urges a jury to reconsider?

It’s an instruction that urges the jurors to try to come to a verdict; it usually tells them to examine the case’s issues and reconsider their opinions and those of other jurors. But judges must be careful not to go too far— appeals courts will overturn convictions where judges have coerced juries into verdicts.

What is the goal of a jury in court?

In court Wednesday, Judge William H. Leary III reread part of the jury instructions , saying it’s the jury’s “goal” to reach a verdict – but only if each person can do so without “violating your individual judgement.”