...but hey, do what you want...you will anyway.The goal for Trump’s team is a jury that can’t reach a verdict, a jury that “hangs.” In the event that happens, before a mistrial is declared, the Judge would give a deadlock instruction. We use something similar called an Allen charge (named after the court case that authorized the use of this procedure) in the federal system, and I have seen it be very effective with juries that appear to be hopelessly deadlocked until they hear from the judge.
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The New York instruction reads, in part (it’s quite lengthy): “ [...] I want to remind you that, when this trial began, many prospective jurors were called and questioned. Many were excused for one reason or another. But you ladies and gentlemen were selected to serve. That means that of all the prospective jurors called in this case, you were the ones in whom both sides expressed confidence. Both sides were convinced that each of you would be fair and impartial, that each of you would listen carefully to the evidence, to the arguments, and to the law, and that each of you would deliberate with your fellow jurors and work hard to reach a unanimous verdict that was consistent with the law and the evidence. Both sides continue to have confidence in you, as do. Members of the jury, you make up a very good jury. There is no reason to believe that the presentation of this case again would be to a jury that is any more intelligent, reasonable, hardworking, or fair than you are. I want to emphasize that I am not asking any juror to violate his or her conscience, or to abandon his or her best judgment. Any verdict you reach must be the verdict of each juror, and not mere acquiescence in the conclusion of others. But I am asking you to continue deliberating, and to resume your deliberations with an open mind. Start with a fresh slate. Do not feel bound by how you felt before — whether you favored conviction or acquittal. Have the courage to be flexible. Be willing to change your position if a reevaluation of the evidence convinces you that a change is appropriate. Do not, out of pride or stubbornness, adhere to an opinion or conclusion that you no longer believe is correct. Be honest with yourselves and with the other jurors. Listen to the other jurors and evaluate what they have to say. Do not let anything prevent you from carefully considering what they say. Remember that each of you made a commitment when you became a juror that requires you to reason and deliberate together to reach a fair and a just verdict based only on the evidence.”
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That is precisely how we are entitled to expect this to work.
Joyce Vance
UPDATE 04/18/2024:
