New Mexico Jury Instruction - 6.1 Burden Of Proof When Only Plaintiff Has Burden Of Proof
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FAQ
A mistrial occurs when a jury is unable to reach a verdict and there must be a new trial with a new jury; or 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.
In a criminal case, if the jury cannot reach a unanimous verdict, the judge will declare a mistrial. If a mistrial is declared in a civil matter, the judge will require the matter to be retried at a date in the future.
Is a Defendant Released After a Mistrial? While a mistrial may terminate a current criminal case, it does not guarantee an acquittal for the defendant. If a case results in a mistrial, the prosecution may decide to refile the case after rectifying any procedural or clerical errors.
?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.
A hung jury is a jury that is unable to reach a verdict by the required voting margin. A hung jury will often lead to a retrial of the case. In some cases, the judge may instruct the jury to continue their deliberation, but this is not a common practice.
O jury selection--opening statements--plaintiff's case--defendant's case--closing arguments and instructions--verdict.
A hung jury results in a mistrial, and the case may be retried (United States v. Perez, 1824). Louisiana, which was historically influenced by the French civil law system, and Oregon used to allow 10?2 majority verdicts but in the 2020 case Ramos v.