Review the supplemental information using the links provided below.

Common Mistrial Topics

• https://legaldictionary.net/mistrial/

Comment on a defendant's right to remain silent

• https://www.justia.com/criminal/procedure/miranda-rights/right-to-silence/

In the courtroom for a criminal trial, there are certain fundamental Constitutional safeguards that must not be violated. Below are some of the most common scenarios that produce mandatory mistrials.

Discuss what is "wrong" in each of the below scenarios and then research and find a real example of that type of mistrial occurring. After defining each one and locating and discussing a specific example, discuss your personal opinion on whether it is too egregious to give a mistrial in the case examples you located, or if you agree that is the proper sanction.

1. The arresting law enforcement officer testified in open court that the defendant, John Doe, refused to speak with him at the scene and remained silent.

2. The arresting law enforcement officer testified in open court that the defendant, John Doe, demanded a lawyer when the police were trying to ask him questions, and refused to get him one.

3. The Prosecutor stated in their opening statement, "The defense is going to try to convince you here today that the defendant didn't do this, but they can't prove it - they are just words...."

4. The law enforcement officer testified "I knew the witnesses were talking about Johnny - I have arrested him so many times for that same crime, I knew it was him..."