Massachusetts Jury Instruction - Mail Fraud
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How to fill out Jury Instruction - Mail Fraud?
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FAQ
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.
Specific intent designates a special mental element that is above and beyond any mental state required with respect to the actus reus of the crime. [2] Specific intent is a term used to describe a state of mind that exists where a defendant objectively desired a specific result to follow his act.
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.
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).
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).
Judge's Instructions on the Law 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.
There are four different levels of intent that a person can have when committing an offense: purposefully, with knowledge that it is a crime; knowingly, with awareness that it is a crime; recklessly, with the purpose of causing a result/consequence with disregard for the consequences of committing the crime; or ...