Mistrial

A mistrial is an invalid trial, caused by a fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

Violation of the Golden Rule

One cause of a mistrial is when an attorney makes an emotional appeal to jurors for them to put themselves in the shoes of someone, such as the plaintiff or an alleged victim of a crime. Known as an improper "Golden Rule Argument, it consists of a request of a jury to deliver a verdict that they would want to receive themselves. Instead, jurors should be asked to view the facts objectively.