Massachusetts Jury Instruction - False Entry In Bank Records
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FAQ
Massachusetts ?humane? practice requires that when a defendant's confession or admission is offered in evidence, the judge must initially decide at a preliminary hearing in the absence of the jury whether the Commonwealth has proved beyond a reasonable doubt that the statement was voluntary.
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).
Massachusetts follows the universally recognized rule against "propensity" evidence, i.e., evidence of a person's character through reputation or specific acts (see Section 404[b]) offered to suggest that the person acted in conformity with that character or trait on the occasion in question is inadmissible.
The burden is on the Commonwealth to prove beyond a reasonable doubt that the defendant is guilty of the charge(s) made against him (her). What is proof beyond a reasonable doubt? The term is often used and probably pretty well understood, though it is not easily defined.
"[A] judge's discretionary decision constitutes an abuse of discretion where we conclude the judge made 'a clear error of judgment in weighing' the factors relevant to the decision ...
If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).
In Massachusetts, the ?exclusionary rule? requires that a judge throw out, or ?suppress,? evidence against you if the police obtains that evidence when he stops you illegally, searches you illegally, searches your car illegally or enters your home illegally.
District Court jurisdiction over uttering offenses. General Laws c. 267, § 5 is a 10-year felony that punishes anyone who ?with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in [G.L. c.