Massachusetts Jury Instruction - Controlled Substances - Conspiracy
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FAQ
The crime of Conspiracy to Violate the Drug Laws essentially criminalizes any unlawful agreement between persons to engage in a drug transaction or some acts that would constitute a violation of Massachusetts' drug laws.
Class D Substances The penalty for possession with intent to distribute or distribution of a Class D substance (i.e. Marijuana) is up to 2 years in state prison, a fine ranging from $500 to $5,000 or both.
595, 607 (1993) (constructive possession of controlled substance requires proof that defendant knew location of illegal drugs plus ability and intent to exert dominion and control).
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 ...
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.
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.