Massachusetts Jury Instruction - Threatening a Juror
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FAQ
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.
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.
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). 3120 Intent - Mass.gov mass.gov ? doc ? 3120-intent ? download mass.gov ? doc ? 3120-intent ? download
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. 3560 Confessions and Admissions (Humane Practice) - Mass.gov mass.gov ? doc ? download mass.gov ? doc ? download
Criminal intimidation is a felony punishable by (i) up to 2 ½ years in jail or in a house of correction, (ii) up to 10 years in state prison, (iii) a fine of at least $1,000, and up to $5,000, or (iv) both a fine and imprisonment. Massachusetts G.L. c. 268, § 13B: Intimidation of Persons ... Law Offices of Stephen Neyman ? massachusetts-g-l-c-268-... Law Offices of Stephen Neyman ? massachusetts-g-l-c-268-...
"[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 ...
Intimidation of a Witness in Massachusetts is a serious felony. You can be punished by up to ten years in state prison if you are found guilty of this offense. Intimidation of a Witness (Mass. Gen. Laws ch. 268, §13B) serpalaw.com ? ... serpalaw.com ? ...
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.