Massachusetts Jury Instruction - 4.1 General Instruction With Defenses Based Upon False Application, Arson, And False Claim Form
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To recover upon a claim of intentional infliction of emotional distress, a plaintiff must prove that: (1) the defendant intended to inflict emotional distress or knew or should have known that emotional distress would likely result from his conduct; (2) the defendant's conduct was extreme and outrageous, was beyond all ...
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.
If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).
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).
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.
Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
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.