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单词 mistrial
释义

mistrialn.

Brit. /ˌmɪsˈtrʌɪəl/, /ˈmɪsˌtrʌɪəl/, U.S. /ˈmɪsˌtraɪəl/
Forms: see mis- prefix1 and trial n.1
Origin: Formed within English, by derivation. Etymons: mis- prefix1, trial n.1
Etymology: < mis- prefix1 + trial n.1
Law. Now chiefly U.S.
A trial rendered invalid through some error in the proceedings, such as a disqualification in a judge or a juror. Also: a trial that is inconclusive trial because the jury cannot agree on a verdict.
ΘΚΠ
society > law > administration of justice > court proceedings or procedure > trying or hearing of cause > [noun] > trial > mistrial by error
mistrial1628
society > law > administration of justice > court proceedings or procedure > trying or hearing of cause > [noun] > trial > inconclusive trial
mistrial1889
1628 E. Coke 1st Pt. Inst. Lawes Eng. 125 If there be a mistryall, (that is) if the Jury commeth out of a wrong place, or returned by a wrong Officer and giue a verdict.
a1638 R. Brownlow & J. Gouldsborough Rep. Diverse Cases (1651) 7 The words were spoken at C. in the County aforesaid..and so a Mistryall.
1685 J. Keble Rep. King's Bench 1 601 Guidet moved for Iudgment, that the Action is well brought, and no mistrial.
1748 J. Fortescue Rep. Select Cases 129 And here is no Mistrial, tho' Warrant delivered at F. and the Neglect is laid to be at another Place.
1770 G. Wilson Rep. Cases King's Courts 2 97 If such an issue had gone to a jury, and they had found a verdict one way or other, it would have been a mistrial, as it refers a matter of law to the lay gents.
1810 E. H. East Rep. Cases King's Bench 12 229 Littledale..moved to..have a new trial on the ground of a mistrial.
1884 Law Rep.: Probate Div. 9 185 They insisted that there had been a mistrial on the ground of improper rejection of evidence.
1889 Boston Jrnl. 3 May 1/5 Another Mistrial. A Seven Days' Trial of a Case Results in a Disagreement of the Jury.
1935 U.S. Rep. (Supreme Court) 295 85 The situation was one which called for stern rebuke and repressive measures and, perhaps,..for the granting of a mistrial.
1976 National Observer (U.S.) 30 Oct. 2/1 Superior Court Judge Frederic Heineman declared the mistrial because of ‘prejudicial publicity.’
1996 Sun (Baltimore) 4 Nov. b 3/6 After two racially charged trials—the first ended in mistrial after a jury failed to reach a verdict—Shanahan was acquitted.
This entry has been updated (OED Third Edition, June 2002; most recently modified version published online March 2022).
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