What is a motion for mistrial in a court-martial?

A motion for mistrial in a court-martial is a form of legal action that is taken when a court-martial process or hearing has been overly prejudiced, or when a mistake has been made, to the point where the defendant can no longer get a fair trial. In this instance, a motion for mistrial can be filed, which, if granted, will halt the trial process and invalidate all proceedings up to that point. In Maryland, a motion for mistrial must be made by the prosecuting attorney or the defense attorney in order for it to be granted. The motion must be based on an error or irregularity that has taken place during the court-martial proceedings and must be sufficient to convince the court that the defendant can no longer receive a fair trial. The judge will then decide whether to grant the motion or not. If the motion for mistrial is granted, the court-martial process will either be continued until the issue causing the mistrial is resolved, or the case will be thrown out altogether. In either situation, a new court-martial will be ordered if the circumstances surrounding the original one have not yet been resolved. This new court-martial will be started from the beginning and will be conducted according to the Rules for Court-Martial in Maryland.

Related FAQs

What is the difference between a court-martial and a board of inquiry?
What is a military jury?
What is an Article 32 hearing?
What is the Uniform Code of Military Justice (UCMJ) Article 7?
What is a plea bargain in a court-martial?
What is the Uniform Code of Military Justice (UCMJ) Article 134a?
How does the military handle cases involving drug misuse?
What is the Uniform Code of Military Justice (UCMJ) Article 134?
What is the role of a military defense attorney?
What is the burden of proof required for a conviction in a court-martial?

What is a motion for mistrial in a court-martial?

Related FAQs

Related Blog Posts