[supercat]

For mistrial, "fault" doesn't matter. What is being protected is the process. Jurirs can create mistrial without any input from either side.

If a prosecutor deliberately forces a mistrial, the Double-Jeopardy rule in conjunction with the Dirty Hands doctrine generally precludes retrial. That doesn't happen often, though, because most prosecutors would rather dismiss charges than force the judge to throw out a case via mistrial.

[Cboldt]

-- If a prosecutor deliberately forces a mistrial, the Double-Jeopardy rule in conjunction with the Dirty Hands doctrine generally precludes retrial. --

True that. But there was no force by the prosecutor on this one, just asleep at the switch.