Massachusetts Jury Instruction - Conspiracy To Defraud United States
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FAQ
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).
It should be noted, however, that research has not shown that juries of different sizes reach different verdicts?which is consistent with the Williams court's interpretation of the available literature. Finally, research suggests that 12-member juries are more likely to deadlock, or "hang," than six-member juries.
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).
(18 U.S.C. § 371 "Defraud Clause") A conspiracy is a kind of criminal partnership?an agreement of two or more persons to commit one or more crimes. The crime of conspiracy is the agreement to do something unlawful; it does not matter whether the crime agreed upon was committed.
Under section 34A, an agreement of five-sixths of the jury suffices to render a verdict.
A jury must begin with at least 6 and no more than 12 members, and each juror must participate in the verdict unless excused under Rule 47(c).
In the Massachusetts state courts, juries can consist of either 6 people in the District Court or 12 people in the Superior Court, with 2 alternates for a 12-person jury and 1 alternate for a 6-person jury. The judge may impanel up to 16 jurors. In a criminal case, the verdict must be unanimous.
PRINCIPLE 3 ? JURIES SHOULD HAVE 12 MEMBERS Juries in criminal cases should consist of: 1. Twelve persons if a penalty of confinement for more than six months may be imposed upon conviction; 2.