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Notes -
All 12 in this scenario agree that "Trump falsified business records in pursuit of a crime" though. I agree that if they disagree on what the crime was, that should be reasonable doubt, but legally I don't think it is reasonable doubt.
How far down the rabbit hole should they have to go for it to be the "same" crime? What if there are two separate alleged incidents that both fall under the same legal citation? Is that the same crime? Should that count? If half of the jury thinks that crime X happened on Monday, and the other half thinks that crime X happened on Thursday, should that count?
I totally agree, which is why I think the relevant factor is whether he's indicted for the crime. My point is that the choice between 3 options is just one failure mode of the law. The worse failure mode is that generally people can be punished for crimes without those crimes ever being prosecuted in court.
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