Massachusetts Jury Instruction - 1.1.3 Public Employee Equal Protection Claim Race and or Sex Discrimination Hostile Work Environment - Separate Liability
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How to fill out Jury Instruction - 1.1.3 Public Employee Equal Protection Claim Race And Or Sex Discrimination Hostile Work Environment - Separate Liability?
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FAQ
To rise to the level of a hostile work environment, the harassing behavior in question must be unwelcome, pervasive, severe, and persistent.
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.
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.
Title VII of the Civil Rights Act prohibits an employer from treating you differently, or less favorably, because of your sex, which is defined to include pregnancy, sexual orientation, and gender identity.
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.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
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.
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).
