Massachusetts Jury Instruction - 3.4 Life Expectancy Of Survivor
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FAQ
Mens rea refers to criminal intent. The literal translation from Latin is "guilty mind." The plural of mens rea is mentes reae. Mens rea? is the state of mind statutorily required in order to convict a particular defendant of a particular crime.
Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
A specific intent crime is a criminal act that is carried out with the intent to achieve an additional result. Burglary is a classic example of a specific intent crime. Burglary is the act of entering a structure with the intent of committing a theft or any felony.
Individuals cannot be charged with attempt for accidentally committing a crime. Rather, a prosecutor must show that the defendant specifically intended to commit the crime that he attempted, and he simply fell short. Attempt is therefore categorized as a ?specific intent? crime.
To recover upon a claim of intentional infliction of emotional distress, a plaintiff must prove that: (1) the defendant intended to inflict emotional distress or knew or should have known that emotional distress would likely result from his conduct; (2) the defendant's conduct was extreme and outrageous, was beyond all ...
In California, it is generally presumed that the defendant intended to perform an act which he or she has done. However, for crimes that require specific intent, that intent must be proven beyond a reasonable doubt.