Chapter IX · Trial Procedures Through Findings
R.C.M. 915. Mistrial
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (4)(a) In general. The military judge may, as a matter of discretion, declare a mistrial when such action is manifestly necessary in the interest of justice because of circumstances arising during the proceedings which cast substantial doubt upon the fairness of the proceedings. A mistrial may be declared as to some or all charges, and as to the entire proceedings or as to only the proceedings after findings.
Discussion
The power to grant a mistrial should be used with great caution, under urgent circumstances, and for plain and obvious reasons. As examples, a mistrial may be appropriate when inadmissible matters so prejudicial that a curative instruction would be inadequate are brought to the attention of the members or when members engage in prejudicial misconduct. Also, a mistrial is appropriate when the proceedings must be terminated because of a legal defect, such as a jurisdictional defect or a defective referral. See also R.C.M. 905(g) concerning the effect of rulings in one proceeding on later proceedings.
(b) Procedure. On motion for a mistrial or when it otherwise appears that grounds for a mistrial may exist, the military judge shall inquire into the views of the parties on the matter and then decide the matter as an interlocutory question.
(c) Effect of declaration of mistrial.
(1) Withdrawal of charges. A declaration of a mistrial shall have the effect of withdrawing the affected charges and specifications from the court-martial.
(2) Further proceedings. A declaration of a mistrial shall not prevent trial by another court-martial on the affected charges and specifications except when the mistrial was declared after jeopardy attached and before findings, and the declaration was:
(A) An abuse of discretion and without the consent of the defense; or
(B) The direct result of intentional prosecutorial misconduct designed to necessitate a mistrial.
Cross-referencesCited by 4Cites 8
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 915. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 406(a)(1)(D) — Pretrial advice and special trial counsel determinations
…court-martial ( see R.C.M. 604) or when a mistrial has been declared in a general court-martial ( see R.C.M. 915), supplementary advice is necessary before the charges may be referred to another general court-martial. The…
Discussion under R.C.M. 604(b) — Withdrawal of charges
See also R.C.M. 915 (Mistrial). When charges that have been withdrawn from a court-martial are referred to another…
R.C.M. 907(b)(2)(C)(ii) — Motions to dismiss
No court-martial proceeding which has been terminated under R.C.M. 604(b) or R.C.M. 915 shall bar later prosecution for the same offense or offenses, if so provided in those rules;
Discussion under R.C.M. 919(c) — Argument by counsel on findings
…and that they must disregard it. In extraordinary cases, improper argument may require a mistrial. See R.C.M. 915. The military judge should be alert to improper argument and take appropriate action when necessary.
R.C.M. 915 cites
Provisions named in the text of R.C.M. 915. Where the cited provision is on this site, the link opens it.