Fordham Law Professor Cheryl Bader is quoted in an ABC News article describing the importance of charging the jury in the criminal hush money trial against former President Donald Trump.
How Judge Juan Merchan instructs the jury — and how the jury understands those instructions — will be critical to how this historic case is decided, experts told ABC News.
“I can’t overemphasize the importance of the judge’s instructions — jurors cling very tightly to the roadmap the judge provides,” Cheryl Bader, a professor at Fordham Law, told ABC News. “The verdict is not just a determination of what facts the jury believes, it is the intersection of facts and law together.”
“Explaining the law around the specific charges here will likely be more challenging and contentious than in a typical assault or robbery case because of the way this case is charged,” Bader said. “It will be interesting to see what federal or state election law is explained to the jurors in the judge’s charge.”
“They can choose to accept all, part or none of the testimony of any witness — as they are the sole arbiters of credibility,” Bader said.
If Trump is found guilty, the defense can be expected to appeal the conviction, in which case jury instructions can play a pivotal role.
“Because a judge’s charging decisions rest on determinations of law, they are fertile ground for appeal,” Bader said.
Read “As Trump hush money trial draws to a close, jury instructions to play key role” on ABC News.