Massachusetts Jury Instruction - False Statement To A Federally Insured Institution
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FAQ
Evid. 1102. A judge has the discretion to impose sanctions for the spoliation or destruction of evidence, whether negligent or intentional, in the underlying action in which the evidence would have been offered.
(1) The defendant made a false representation of a past or existing material fact susceptible of knowledge. (2) The defendant did so knowing the representation was false, or without knowing whether it was true or false. (3) The defendant intended to induce the plaintiff to act in reliance on that representation.
Usually, the prosecution first makes a closing argument, then the defense attorney. The prosecutor, who has the burden of proof, frequently gets the chance to respond to the defense's final argument. Defend your rights. We've helped 95 clients find attorneys today.
In the United States, the plaintiff is generally entitled to open the argument. The defendant usually goes second. The plaintiff or prosecution is usually then permitted a final rebuttal argument.
The court may instruct the jury before or after the arguments are completed, or at both times.
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.
The judge usually indicates to the lawyers before closing arguments begin which instructions he or she intends to give the jury. In their closing arguments the lawyers can comment on the jury instructions and relate them to the evidence. The lawyer for the plaintiff or government usually goes first.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.