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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 a unanimous decision on the defendant's guilt or innocence.
A jury is a group of citizens who try an accused charged with a criminal offence. In Canada, a criminal law jury is made up of 12 jurors selected from among citizens of the province or territory in which the court is located.
Jury Selection These persons are sent a summons or notice to attend court. Under the supervision of a judge of the Court of King's Bench, a twelve-member jury (required for each criminal trial) is selected from this panel by the counsel representing the Crown and the accused (the defence).
Laptops and cell phones are permitted (public Wi-Fi service is available). Just keep in mind, if you are called to the Court Room, all electronics must be powered off.
At trial, one of the first things a prosecutor and defense attorney must do is the selection of jurors for the case. Jurors are selected to listen to the facts of the case and to determine if the defendant committed the crime.
Step 1: Selection of the Jury The first step in a trial is to select from the panel the number of jurors required to try the case. A short statement may be given describing the case and the parties in the case.
If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.