Massachusetts Jury Instruction - 2.2 Consideration Of The Evidence Duty To Follow Instructions Corporate Party Involved
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FAQ
In specific intent crimes, the prosecution must establish that the defendant not only engaged in the prohibited act (actus reus) but also harbored a particular mental state or purpose beyond the mere commission of the act.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
All crimes have two key parts: the act by the alleged perpetrator (known as the "actus reus") and the perpetrator's state of mind when the crime was committed (known as the "mens rea"). Specific Intent refers to the perpetrator's state of mind at the time of the commission of the crime.
Specific intent crimes involve knowingly committing the criminal act as well as an intent to cause a particular result by committing the act.
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).
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.
Massachusetts Courts: Criminl Intent. Mens rea is a legal phrase used to describe the mental state a person must be in while committing a crime for it to be intentional. It can refer to a general intent to break the law or a specific, premeditated plan to commit a particular offense.