When something bad happens, Law Enforcement investigates to figure out what happened and why. They gather the physical evidence, interview the available witnesses, make other inquires related to what they find, get scientists to look at the evidence if necessary, and do many other things to develop proof of what the evidence shows. All this investigation must be done within a complex set of rules. But the rules are constantly changing. Sounds weird doesn’t it. If a sport were played with a set of rules that was constantly changing every one would say that is unfair, but not in this.

The people who work to keep us safe must comply with the changing set of rules as they do their work. It is very important that no mistake is made because any material violation of the rules may result in the failure of the proof and the person who did the wrong walks away. This is a value that underpins our system of justice.

Trials happen when there is evidence and the accused will not accept responsibility for what he or she has done. We try and resolve cases by a plea when the defendant is willing to take responsibility, but people have a right to a trial and if they want one, we do the best we can to accommodate them. Sometimes the jury decides the evidence proves the accused is guilty and sometimes they decide that the evidence does not provide enough proof.

If the jury is unanimous, whatever they decide stands as the decision. When people ask me if I agree with a particular decision, I answer that it is the right decision because the jury made it. That is what they do. 12 people come together and listen to the evidence that the Judge has ruled is fair to let them hear. Whether or not it is enough to convince them, it is the right decision.

If the jury cannot come to any unanimous decision, the Judge will declare a “mistrial” and put both parties back to the beginning of the process. This usually means that both parties need to refine their ideas about how the case can be resolved. Sometimes there is another trial, but most often not. After 12 people have heard the evidence and if they were not able to make a unanimous decision, there is usually not much reason to believe that a different 12 would. A mistrial is a trial that missed the mark.

It is a disappointment when a jury cannot reach a decision, but if the trial was fair and conducted according to the rules, but that is the end of it.