Maine Jury Instruction - Wire Fraud - Depriving Another Of Intangible Right Of Honest Services
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The jury trial is a vital part of America's system of checks and balances. ?Checks and balances? means that the judicial branch of government is equal to the other two branches (executive and legislative) and the courts can overturn laws or acts of government that violate constitutional rights.
The right was guaranteed in the constitutions of the original 13 states, was guaranteed in the body of the Constitution4 and in the Sixth Amendment, and the constitution of every State entering the Union thereafter in one form or another protected the right to a jury trial in criminal cases.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be ...
The Sixth Amendment states that in all criminal prosecutions, the accused criminal has the right to a trial by an impartial jury of the state and district in which the individual allegedly committed a crime.
Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. It also prohibits judges in these trials from overruling facts revealed by the jury.
Miller reasoned that ?to be guilty of wire fraud, a defendant must act with the intent not only to make false statements or utilize other forms of deception, but also to deprive a victim of money or property by means of those deceptions. In other words, a defendant must intend to deceive and cheat.? Id. at 1101.