What’s a hung jury? Would that benefit or hurt Trump in the hush money trial?
The fate of Trump in his first criminal trial will be in the hands of a jury shortly where one possible outcome is a hung jury. What would that mean?
The first criminal trial, and potentially only one before the 2024 election, is coming to a conclusion. On Tuesday 28 May, the defense and then the prosecution will present their closing arguments. After that, the jury will go into deliberations to consider the evidence they’ve been presented to decide a verdict.
The twelve jurors were presented with multiple documents and the testimony of twenty witnesses brought by the prosecution and two by the defense. Although Trump said he wanted to take the stand, he followed the advice of counsel and did not. Something that cannot be taken into consideration by his peers that will come up with the verdict.
There are three ways that Trump’s hush money trial could end. One, the jury may find him innocent of the 34 felony charges he is facing. Two, the twelve members of the public could find him guilty. However, if they all cannot agree one way or the other, it will result in a ‘hung jury’.
What’s a hung jury? Would that benefit or hurt Trump in the hush money trial?
All twelve members must be unanimous in their verdict of innocent or guilty otherwise the the jury will be deadlocked, another expression for a hung jury. If after being instructed to deliberate so more to see if a consensus can be reached and the jury still cannot come to a unanimous decision, the judge can declare a mistrial.
At that point, Manhattan District Attorney Alvin Bragg would have to decide if he will retry the case against Trump but with a new jury. Many agree that the former president would spin that as a victory. He has railed against the process calling it politically motivated and a “witch hunt.”
As for when a new trial would take place, the looming 2024 election would most likely postpone a retrial until after people have gone to the ballot box in November believes Harry Litman, a former US Attorney.
“I think they will retry it, but not until after the election. And of course, once the election happens, all bets are off,” he told Scott Detrow on NPR’s Trump’s Trials podcast.
However, while having a hung jury is a concern in any jury trial, after spending several days in the courtroom listening to the testimony and observing the jurors, Litman’s more convinced than not that there won’t be one in this case.