(NEXSTAR) – Twelve people have a big decision – or more like 34 big decisions – to make in a New York courtroom. The jury in the trial against former President Donald Trump is deliberating whether to convict or acquit him on 34 felony counts of falsifying business records.
The jury began deliberating mid-day Wednesday, and was dismissed for the day after about four hours. The deliberations were expected to pick back up behind closed doors Thursday morning.
The jury is required to come to a unanimous decision on each count. They can convict on some charges and acquit on others, but in each case they need to all agree.
But what happens if they don’t all agree?
If jurors send a note saying they can’t come to a unanimous decision, the judge, in consultation with both sides, must decide what to do next.
Defense lawyers might seek an immediate mistrial. That could be granted, but often, the response is to call the jury in for some form of instruction to keep trying. This is sometimes called an Allen charge or a dynamite charge. The judge may urge them to take their time, carefully reexamine their own views, and try and find away to come to an agreement.
If deadlock notes continue, the message to keep trying may be repeated or tweaked. Arguments for a mistrial may also come up repeatedly. There’s no hard-and-fast rule about how long a jury must keep attempting to resolve differences before a mistrial can be declared.
If a jury can’t reach an agreement, it’s called a hung jury. In that case, the judge may be forced to declare a mistrial. It would then be up to the prosecutors how they’d like to proceed. They would have to decide on the spot if they’d like to start over, BBC reports.
Jurors can keep deliberating as long as they need to. The standard court day runs from 9:30 a.m. to 4:30 p.m., with a break for lunch (jurors’ meals will be delivered). But judges sometimes extend the hours if jurors wish. There’s no limit on how many days deliberations can continue.
The Associated Press contributed to this report.
Alix Martichoux
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