Retrial Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Retrial, written in plain English, along with examples of how it is used.

What is Retrial?

(n) A retrial is the granting of a new trial of a concluded trial for reasons like detection of an obvious error , bias , unearthing of new evidences , reversal of earlier verdict by an appeal court with a direction to re do the trial etc.

History and Meaning of Retrial

In legal terms, a retrial is a process when a new trial is granted to a case that has already been decided previously. It is often granted due to reasons like the discovery of new evidence, a mistaken verdict, or a biased jury. This process is also initiated when an appeal court reverses a prior judgment and asks for a new trial to be held. The new trial is conducted as if the original trial never existed.

Retrial is a significant process in the judicial system as it serves as a second chance to the parties to get justice. It also helps to uphold the constitutional principle of a fair trial by allowing parties to re-examine and prove their case under fresh conditions.

Examples of Retrial

  1. The popular retrial of O.J. Simpson in 1995, where Simpson was acquitted of criminal charges relating to the murder of his ex-wife and her friend in 1994.
  2. The case of Rodney King where the four police officers accused of excessive force were acquitted, but a retrial in the federal court later led to two of them being found guilty.
  3. In 2007, a federal judge overturned the conviction of an American student Amanda Knox, who was accused of murdering her roommate while studying abroad in Italy. A retrial was ordered, and Knox was later acquitted.

Legal Terms Similar to Retrial

  1. Mistrial - A trial that hasn't been completed because it was terminated prematurely, without reaching a verdict.
  2. Appeal - The act of requesting the revision or reversal of a lower court's decision by a higher court.
  3. Rehearing - A request made to a court or an appellate tribunal to reconsider the matter of the case that has recently been decided.