there is a court case going on here in wisconsin about a man who killed a photographer. there was a witness who testified new detales, but never told the police about his story. so the case may end up a mistrial.
so would the killer go free even if he is guity of the crime?
2007-02-15 11:51:40 · 9 answers · asked by Anonymous in Politics & Government ➔ Other - Politics & Government
no, it just means they go through a 2nd trial.
2007-02-15 11:55:21 · answer #1 · answered by Anonymous · 0⤊ 0⤋
After the judge declares a mistrial, it is up to the State's Attorney to decide whether or not the case will be re-tried. Unless the SA thinks they can win a re-trial, it is generally not worth the time and money to try a case again.
2016-05-24 05:00:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In the case of a mistrial, the accused would go free. That's why it is important for the prosecution to handle their case in such a way as to prevent a mistrial
2007-02-15 12:00:29 · answer #3 · answered by Peter C 2 · 0⤊ 0⤋
It could, but not solely because of the mistrial. A mistrial is when something alters the fairness of a the trial and a new one is then rescheduled.
2007-02-15 11:58:44 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In that case there would be a new trial with time for both the Prosecution and Defense to depose the witness.
2007-02-15 11:59:13 · answer #5 · answered by meathookcook 6 · 0⤊ 0⤋
Technically he isn't guilty until convicted...if it is a mistrial they can still try him again later, but he would probably be freed in between.
2007-02-15 12:01:52 · answer #6 · answered by gemneye70 4 · 0⤊ 0⤋
The prosecutor has the choice to retry the defendant.
2007-02-15 12:02:24 · answer #7 · answered by BradshawsQueen 1 · 0⤊ 0⤋
A re-trial will probably take place again.
2007-02-15 12:32:52 · answer #8 · answered by Anonymous · 0⤊ 0⤋
there will be a 2nd trial.
2007-02-15 11:58:21 · answer #9 · answered by Anonymous · 0⤊ 0⤋