🚨 Prosecutor on a HUNG JURY in Trump trial

The Legal Breakdown with BTC & Glenn Kirschner

24 May 202416:41

Summary

TLDRIn this episode of 'Legal Breakdown', hosts Brian and Glenn discuss the potential for a hung jury in Donald Trump's criminal trial in New York. They explain the unanimous verdict requirement and the judge's role in addressing deliberation issues, including the use of anti-deadlock instructions. The conversation covers possible outcomes like a mistrial and the handling of juror misconduct. The hosts also touch on the implications of a hung jury and the likelihood of a retrial leading to a conviction, emphasizing that there is no limit to the number of trials a defendant can face if a jury cannot reach a verdict.

Takeaways

📚 The trial of Donald Trump is discussed, with a focus on the possibility of a hung jury and the implications of one.
🔍 The process of how a hung jury is handled in a trial is explained, including the judge's instructions and the potential for a mistrial.
👥 It takes a unanimous decision from all 12 jurors to reach a verdict of guilty or not guilty; any split can lead to a hung jury.
🚫 The judge will not want to know the specifics of the jury's vote split but will offer assistance if they are having trouble reaching a unanimous verdict.
📝 Jurors can send a note to the judge if they are unable to reach a unanimous verdict, without revealing the specifics of the split.
👨‍⚖️ If a hung jury occurs, the judge may give an 'anti-deadlock instruction' to encourage further deliberation towards reaching a unanimous decision.
🔄 The Winters instruction is a commonly used anti-deadlock instruction, urging jurors to listen to each other's views and consider changing their stance if convinced by the evidence.
🚨 If a juror is found to be engaging in misconduct, such as refusing to deliberate or bringing in unauthorized evidence, they can be dismissed.
🔄 If a juror is dismissed for misconduct, an alternate juror may be brought in, and the deliberations start anew as if from the beginning.
🛑 A mistrial can be declared if the judge determines that the deliberations have been irreparably tainted by juror misconduct.
🔄 In the event of a hung jury and a mistrial, the case can be retried, and it is common for a conviction to occur in the second trial due to improved prosecution strategy.

Q & A

What is the significance of a hung jury in the context of Donald Trump's criminal trial in New York?
-A hung jury refers to a situation where the jurors cannot reach a unanimous verdict, which could potentially result in a mistrial. In the context of Donald Trump's criminal trial, a hung jury would mean that despite the evidence presented, the jury is unable to agree on a guilty or not guilty verdict, complicating the path to conviction.
How does the process of deliberation work in a trial like Donald Trump's?
-After closing arguments, the judge instructs the jury to deliberate in private. If the jury encounters any issues or problems during deliberations, they can communicate with the judge through a written note. The judge does not want to know the specifics of the vote but is willing to assist if there are difficulties in reaching a unanimous verdict.
What is the requirement for a verdict in a criminal trial?
-In a criminal trial, a unanimous verdict is required. This means all 12 jurors must agree that the defendant is either guilty or not guilty. Any split in the votes, such as 11-1 or any other numeric split, would result in a hung jury.
What happens if the jury appears to be unable to reach a unanimous verdict?
-If the jury seems unable to reach a unanimous verdict, the judge will typically give an anti-deadlock instruction. This is designed to encourage the jurors to try harder to reach unanimity without giving up their firmly held views or beliefs about the evidence.
Can you explain the Winters instruction and its purpose?
-The Winters instruction is a commonly used anti-deadlock instruction. It encourages jurors to listen to each other's opinions and arguments with an open mind, with the goal of reaching a unanimous verdict without compromising their firmly held beliefs about the evidence.
What actions can the judge take if the jury declares that they are hopelessly deadlocked?
-If the jury declares that they are hopelessly deadlocked, the judge will declare a mistrial. This means the trial will not result in a verdict, and the case may be retried or dismissed.
What is considered juror misconduct, and how is it addressed?
-Juror misconduct includes actions such as refusing to participate in deliberations, bringing in unauthorized materials, or otherwise not following the court's instructions. If misconduct is suspected, the judge can conduct an individual voir dire, questioning each juror about the alleged misconduct, and may dismiss the offending juror.
What are the possible outcomes if a juror is dismissed during deliberations due to misconduct?
-If a juror is dismissed for misconduct, the deliberating jury may proceed to verdict with just 11 jurors, an alternate juror may be brought in to replace the dismissed juror, or the judge may declare a mistrial if the remaining jurors have been tainted by the misconduct.
How does a mistrial impact the possibility of a retrial?
-A mistrial does not prevent a retrial. The prosecutor can choose to retry the case, and in many cases, a retrial can result in a conviction, as the prosecution may be better prepared and the defense's strategies may be more predictable.
Is there a limit to the number of times a defendant can be tried for the same crime?
-No, there is no legal limit to the number of times a defendant can be tried for the same crime. If a jury cannot reach a verdict, the trial is considered void ab initio, meaning it is as if it never happened, and the defendant can be retried without violating the double jeopardy clause.
What is the role of the judge in applying the law during a trial, and how might this apply to Donald Trump's case?
-The judge's role is to apply the law as it is established in their jurisdiction, without concern for the collateral consequences. In Donald Trump's case, Judge Maran is expected to follow New York state law as it applies to hung juries and mistrials, regardless of any potential outcry from Trump about the trial's fairness.

Outlines

00:00

🏛️ Trial Process and Hung Jury Scenario

The paragraph discusses the potential for a hung jury in Donald Trump's criminal trial in New York. It explains the process that occurs after closing arguments, where the judge instructs the jury on how to communicate any issues during deliberation. The focus is on the possibility of a single juror preventing a unanimous decision, which would result in a hung jury. The speaker, presumably a legal expert, outlines the steps the court would take to address such a situation, including the use of an anti-deadlock instruction to encourage the jury to reach a unanimous verdict, as exemplified by the Winters instruction. The paragraph emphasizes the importance of a unanimous decision for either a guilty or not guilty verdict and the implications of a hung jury leading to a mistrial.

05:02

👥 Juror Misconduct and Its Resolution

This paragraph delves into the issue of juror misconduct and its impact on the deliberation process. It describes how the secrecy of deliberations is highly respected, but if misconduct is suspected, the judge can investigate by questioning jurors individually. Examples of misconduct are provided, such as a juror refusing to participate or introducing unauthorized evidence. The paragraph outlines the consequences of such misconduct, which may include dismissing the offending juror and either continuing with 11 jurors, bringing in an alternate juror, or declaring a mistrial if the remaining jurors are tainted. The speaker shares personal experiences from their career as a prosecutor, highlighting the complexities and potential outcomes of dealing with a rogue juror.

10:03

📚 Continuation of Trial After a Hung Jury

The speaker discusses the implications of a hung jury and the potential actions that could be taken, including the possibility of retrying the case with the same evidence and arguments. They express confidence that Judge Maran will apply New York state law correctly and without bias, regardless of the defendant's identity. The paragraph also touches on the defendant's, in this case Donald Trump's, likely reaction to any perceived injustice and the potential for him to claim the trial was rigged. The speaker also shares their experience with retrying cases after a hung jury, noting that second trials often result in convictions due to the prosecutor's ability to refine their approach.

15:05

🔄 Multiple Trials and the Principle of 'Void Ab Initio'

In this final paragraph, the speaker addresses the possibility of multiple trials for the same defendant, emphasizing that there is no legal limit to the number of trials one can face if a jury fails to reach a verdict. They explain the principle of 'void ab initio,' meaning that an unsuccessful trial is considered as if it never happened, thus allowing for retrial without violating double jeopardy laws. The speaker shares anecdotes from their career, including instances where they sought permission to retry cases up to four times, and the outcomes of those trials. They conclude by reiterating their commitment to covering the trial's proceedings and invite viewers to subscribe to their channels for updates.

Mindmap

Keywords

💡Hung Jury

A 'hung jury' refers to a situation in a trial where the jury is unable to reach a unanimous verdict. This concept is central to the video's theme, as it discusses the potential for a hung jury in Donald Trump's criminal trial in New York. The script mentions that it only takes one juror to prevent a unanimous decision, which could lead to a hung jury and a mistrial.

💡Deliberation

Deliberation is the process by which a jury discusses and evaluates the evidence presented during a trial to reach a verdict. In the context of the video, the script describes the deliberation process, including the judge's instructions to the jury before they begin their discussions and the potential for issues to arise, such as a hung jury.

💡Unanimous Verdict

A unanimous verdict is a decision in which all members of the jury agree. The script emphasizes that in order to convict or acquit Donald Trump, all 12 jurors must be in agreement. Any split decision would result in a hung jury, highlighting the importance of unanimity in the legal process.

💡Anti-Deadlock Instruction

An 'anti-deadlock instruction' is a directive given by the judge to encourage the jury to attempt to reach a unanimous decision if they are struggling to do so. The script provides an example of such an instruction, known as the 'Winters instruction,' which is designed to guide the jury without pressuring them to compromise their beliefs.

💡Mistrial

A mistrial is declared when a trial ends without a verdict due to a significant problem, such as a hung jury. The script discusses the possibility of a mistrial in the event that the jury cannot reach a unanimous decision and the subsequent steps that may be taken, including retrial.

💡Juror Misconduct

Juror misconduct refers to actions by a juror that violate the rules or integrity of the trial process. The video script describes scenarios where a juror might engage in misconduct, such as refusing to participate in deliberations or introducing unauthorized evidence, which could lead to their dismissal and potentially a mistrial.

💡Alternate Juror

An alternate juror is a member of the jury pool who does not initially participate in deliberations but can be brought in to replace a juror who is dismissed for misconduct. The script explains that in some jurisdictions, an alternate juror can be called upon to join the deliberations, effectively 'restarting' the process with a new jury composition.

💡Retrial

A retrial is a new trial that occurs after a previous trial has ended in a mistrial or the verdict has been overturned on appeal. The script mentions that in the event of a hung jury and subsequent mistrial, the prosecutor could seek a retrial, which has historically led to a higher likelihood of conviction.

💡Void Ab Initio

Void ab initio is a Latin legal phrase meaning 'void from the start.' The script uses this term to explain that if a trial ends in a mistrial, it is considered as if it never happened, allowing for a retrial without violating double jeopardy principles.

💡Double Jeopardy

Double jeopardy is a legal principle that prevents a person from being tried twice for the same crime following an acquittal or conviction. The script clarifies that retrial after a mistrial does not violate double jeopardy because the initial trial is considered void ab initio.

💡Donald Trump

Donald Trump is the central figure in the video's discussion, as he is the defendant in the criminal trial being analyzed. The script refers to him in the context of the potential for a hung jury and the implications of such an outcome, as well as his decision not to testify in his own defense.

Highlights

The possibility of a hung jury in Donald Trump's criminal trial in New York.

Reminder for viewers to subscribe to both channels for full trial coverage.

The process of handling a potential hung jury after closing arguments and before deliberation.

Jurors are instructed not to disclose the specifics of their vote split to the judge.

The requirement for a unanimous verdict in criminal trials.

The judge's role in addressing issues during deliberations through written notes.

Explanation of an anti-deadlock instruction given by the judge to encourage a unanimous verdict.

The Winters instruction as a commonly used anti-deadlock instruction.

The potential for a mistrial if the jury cannot reach a unanimous verdict.

Handling of juror misconduct and the possibility of dismissing a juror.

Procedures for continuing deliberations with 11 jurors or bringing in an alternate juror.

The impact of a hung jury on the trial process and potential retrial.

The absence of a limit on the number of times a defendant can be tried due to hung juries.

The likelihood of a conviction in a retrial following a hung jury.

Donald Trump's reluctance to testify in his own defense.

The legal principle of 'void ab initio' allowing retrials after a hung jury.

The expectation that Judge Maran will apply New York state law without concern for external consequences.