A mistrial caused by the defendant or by nobody (jury deadlocks, defense attorney has a heart attack and dies, courthouse catches fire, whatever other "good cause") means a retrial due to "necessity."If this is declared a mistrial, it will have to be redone, right? What more can the defense gain with more time to work on this case?
A mistrial caused by serious governmental misconduct means the defendant goes free. In legalese, "jeopardy has attached" once the jury is sworn in, and the defendant has a constitutional right against double jeopardy. Otherwise, if the trial seemed to be going badly, the prosecutor could do something outrageous and cause a mistrial so that he could get another chance to do better at retrial, which would violate the defendant's constitutional right against double jeopardy - and would probably also violate the defendant's constitutional right to a speedy trial.
Katprint
Always only my own opinions