Massachusetts Presumption of Innocence

State:
Multi-State
Control #:
US-00888
Format:
Word; 
Rich Text
62 downloads

Description

This form is a sample jury instruction regarding the Presumption of Innocence in a criminal trial. The language is for model purposes only and may not comply with your state's jury instruction law, which is heavily governed by case law. You must confirm that the language in the jury instruction is acceptable in your state. Available in Word and Rich Text formats.

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FAQ

224, 230 (1992); Section 403, Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons (relevant evidence may be excluded if its probative value is substantially outweighed by the risk of unfair prejudice, confusion, etc.).

Section 404: Misleading Filings It is unlawful for any person to make or cause to be made, in any document filed with the secretary or in any proceeding under this chapter, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect.

The prosecution must prove every element of the charge against you beyond a reasonable doubt. If prosecutors fail on even one element ? if there is a reasonable doubt as to whether you committed the offense ? they have not made their case.

3.02 Presumption of Innocence; Proof Beyond a Reasonable Doubt. It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt.

So, both federal and Massachusetts courts have developed the ?exclusionary rule,? which provides generally that unlawfully obtained evidence must be suppressed from use in a criminal case.

A charge is proved beyond a reasonable doubt if, after you have compared and considered all of the evidence, you have in your minds an abiding conviction, to a moral certainty, that the charge is true.

"The best evidence rule provides that, where the contents of a document are to be proved, the party must either produce the original or show a sufficient excuse for its nonproduction.

Character Evidence; Crimes or Other Acts (a) Character Evidence. (1) Prohibited Uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait.

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Massachusetts Presumption of Innocence