Massachusetts Jury Instruction - Tampering With A Witness
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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).
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.
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.
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.
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 ...
Witness intimidation takes many forms, including: implicit threats, looks, or gestures ? explicit threats of violence ? actual physical violence ? property damage ? other threats, such as challenges to child custody or immigration status.
In short, the law says you are guilty of the crime of witness tampering if you:1. Kill or attempt to kill another person with the intent to prevent their testimony. 2. Use intimidation, threats, or corrupt persuasion, to hinder, delay, or prevent testimony.