Which of the following is listed as an example of a mistrial?

• A. A witness recants.
• B. A hung jury.
• C. A verdict of not guilty.
• D. Previous suppressed evidence.

Answer: (D)

A mistrial happens when the trial cannot proceed to a fair resolution because of a serious error or prejudice that fundamentally undermines the proceedings. When evidence that should have been allowed was previously suppressed, it strikes at the fairness of the trial. Not having access to crucial information or being deprived of relevant material can distort the defense or prosecution, making it impossible for the court to reach a fair verdict. If the impact of that suppression is serious enough, the judge may declare a mistrial to prevent an unjust outcome or may order a new trial to restore fairness.

In contrast, a witness recanting is a change in testimony that can be addressed through reconsideration of the evidence or additional testimony; a hung jury is a classic, explicit reason for a mistrial because no verdict can be reached; a verdict of not guilty is simply the trial’s outcome, not a mistrial.