Massachusetts Jury Instruction - Identification Testimony

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Massachusetts Jury Instruction — Identification Testimony is a crucial part of the criminal justice system in Massachusetts. It is a set of guidelines provided to the jury to assess and evaluate the reliability of identification testimony presented in a trial. This instruction helps the jury determine the accuracy and credibility of witness statements regarding the identification of the suspect. One important Massachusetts Jury Instruction related to identification testimony is the "Accuracy of Identifications" instruction. This instruction emphasizes the need for the jury to carefully analyze the factors that may influence a witness's ability to identify the suspect accurately. It highlights the potential pitfalls of unreliable identifications, such as suggestive lineups, witness stress, and cross-racial identification challenges. Another relevant instruction is the "Independent Source of Identification" instruction. This instruction guides the jury to consider whether the identification made by the witness was based on an independent source rather than influenced by suggestive police procedures. The instruction encourages the jury to scrutinize the circumstances of the identification process, including lineup fairness, witness's prior exposure to the suspect, and the level of certainty expressed by the witness. The "Witness's Opportunity to Observe" instruction is also crucial in the Massachusetts Jury Instruction regarding identification testimony. This instruction prompts the jury to evaluate the witness's opportunity and conditions to observe the perpetrator during the criminal act. Factors such as distance, lighting, duration, and the witness's mental and physical state are deliberated upon to determine the reliability of the identification. Moreover, the "In-Court Identification" instruction focuses on courtroom identifications and its potential influence on the jury. This instruction reinforces the notion that an identification made during the trial carries less weight compared to an identification made outside the courtroom, as it could be affected by other factors like the witness's exposure to the suspect's photograph or appearance in media before the trial. In summary, the Massachusetts Jury Instruction — Identification Testimony includes several instructions meant to assist jurors in evaluating identification testimony. These instructions cover aspects such as accuracy, independent source, witness's opportunity to observe, and the potential influence of in-court identifications. By incorporating these instructions, the Massachusetts judicial system aims to ensure fair trials and mitigate the risks of unreliable identifications impacting the verdicts.

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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).

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.

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 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.

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.

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Nov 16, 2015 — ... in determining whether identification testimony is accurate. 1. Opportunity to view the event. You should consider the opportunity the ... Nov 16, 2015 — Find all the parts of the Model Jury Instructions on Eyewitness Identification, including the ... Open DOCX file, 47.23 KB, Model Jury ...Apr 12, 2015 — The pre-charge addresses the nature of memory so that the jury can evaluate eyewitness testimony free from common misconceptions that might ... (4)Failure to Identify or Inconsistent Identification. The judge should instruct the jury to consider whether a witness ever failed to identify the defendant or ... Jan 13, 2015 — The Massachusetts high court has issued new instructions for jurors on how to assess the reliability of eyewitness testimony in a criminal ... Court's comprehensive jury charge at the close of evidence. In ... eyewitness identification evidence more effectively after hearing the new instructions, we. Prior inconsistent testimony before a grand jury concerning an identification ... The judge should delete from the model instruction the statement that the jury ... by HPH Marshall · 1982 · Cited by 1 — The government's evidence in this case will consist of the testimony of witnesses as well as docu- ments and exhibits. Some of you have probably heard the terms. Jan 22, 2015 — The provisional jury instruction requires jurors to be told of five “generally accepted” scientific principles about eyewitness identification, ... Questions and objections of the lawyers. The lawyers' questions are not evidence. Only the witnesses' answers are evidence. You should not.

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Massachusetts Jury Instruction - Identification Testimony