Answer:
When a mistrial is declared, the jury is discharged, and, depending on the reason for the mistrial, the Court either will direct that the trial begin again with a new jury or dismiss the charges.
The determination of whether a new trial or dismissal is granted is based upon the Double Jeopardy clause to the U.S. and state constitutions, which provide that a person cannot be tried twice for the same offense, and that a defendant has the right to have his trial determined by the original jury.
Generally, if the defendant requests the mistrial, a new trial will be ordered. If the prosecution requests the mistrial, the defendant only will be ordered to stand trial again if the mistrial resulted from some kind of manifest necessity. A manifest necessity is something that happens during the trial that makes it impossible for justice to be obtained.
Step-by-step explanation: