Massachusetts Jury Instruction - 2.2.1 First Amendment Claim Prisoner Alleging Denial Of Access To Courts
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FAQ
If a verdict still cannot be delivered, at some point the judge will declare a mistrial due to the hung jury. (Mistrials can happen for other reasons, so when a trial ends in a mistrial, it is not necessarily due to a hung jury.)
Juries must reach a unanimous decision before they can return a guilty verdict. This means that all jurors must agree for the defendant to be found guilty; otherwise, a mistrial occurs. If there is disagreement among the jurors, it is referred to as a ?hung jury?.
Criminal proceedings that end in a mistrial can result in an acquittal of the defendant. An acquittal results in a complete dismissal of the case, and the defendant can move on with their life. However, prosecutors can choose to pursue a new trial against the defendant or provide an option for a plea bargain.
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.
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.
If a mistrial is declared after that point, the Double Jeopardy Clause may prevent the defendant from being retried for the same offense, unless certain exceptions apply. For example, if a mistrial is declared because of a hung jury, or at the request of the defendant, a retrial is generally allowed.
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.
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.
Yes. In a criminal offense trial, all 12 jurors must agree on a judgment, whether it is a guilty verdict or otherwise, to reach a unanimous decision. If the jurors are unable to reach a unanimous verdict, the trial may result in a hung jury. Even if only one juror disagrees, a hung jury may occur.
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).