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In the Massachusetts state courts, juries can consist of either 6 people in the District Court or 12 people in the Superior Court, with 2 alternates for a 12-person jury and 1 alternate for a 6-person jury. The judge may impanel up to 16 jurors. In a criminal case, the verdict must be unanimous. Understanding the Jury System | Legal Rights Academy legalrightsacademy.com ? understanding-the-jury-s... legalrightsacademy.com ? understanding-the-jury-s...
(a) General Where the defendant has the right to be tried by a jury, the defendant may waive the right to be tried by a jury, provided that the judge determines after a colloquy that such waiver is knowing and voluntary, and the defendant signs a written waiver, which shall be filed with the court. Criminal Procedure Rule 19: Trial by jury or by the court - Mass.gov mass.gov ? rules-of-criminal-procedure ? cri... mass.gov ? rules-of-criminal-procedure ? cri...
The Massachusetts Constitution guarantees the right to a jury trial in virtually all criminal prosecutions and provides for jury trials in civil cases. The Sixth Amendment to the United States Constitution also guarantees the right to trial by jury in most criminal prosecutions.
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
Under Massachusetts law, a plaintiff may recover for unjust enrichment upon a showing that 1) she conferred a benefit upon the defendant, 2) the defendant accepted that benefit and 3) the defendant's retention of the benefit would be inequitable without payment for its value. Case -cv-11021-NMG Document 114 Filed 10/18/22 Page 1 of 23 law.com ? content ? uploads ? documents law.com ? content ? uploads ? documents
Jury Waiver Process in Massachusetts A judge has a broad discretion to grant or deny a defendant's request for a jury waiver. In most instances, the waiver will be accepted, and the trial will occur without a jury before a judge sitting alone.
In a jury trial waiver clause, the parties agree that if there is any litigation arising out of or relating to their agreement, each party waives its right to have a trial by jury.
Waiving the right to a jury trial means that the judge alone will hear and decide the case. Known as a ?bench trial,? this option is unquestionably cheaper and faster than trying the case before a jury. Juries must be selected, instructed, and waited on during deliberations.