Abstract
A ‘mistrial’ occurs when a trial judge orders the termination of a criminal trial based on irreparable procedural errors before a decision is reached on the merits. In ordering a mistrial, the trial judge must be convinced that there exists a ‘manifest necessity’, which is a sudden and unforeseeable event that makes the conclusion of a fair trial impossible. Once ordered, the mistrial immediately terminates the proceedings, although as a general rule the defendant may be re-prosecuted for the crime.