Massachusetts Jury Instruction - Coercion and Intimidation
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FAQ
Evid. 1102. A judge has the discretion to impose sanctions for the spoliation or destruction of evidence, whether negligent or intentional, in the underlying action in which the evidence would have been offered.
Intimidation of a Witness in Massachusetts is a serious felony. You can be punished by up to ten years in state prison if you are found guilty of this offense.
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.
(b) Whoever willfully, either directly or indirectly: (i) threatens, attempts or causes physical, emotional or economic injury or property damage to; (ii) conveys a gift, offer or promise of anything of value to; or (iii) misleads, intimidates or harasses another person who is a: (A) witness or potential witness; (B) ...
Section 241 makes it unlawful for two or more persons to agree to injure, threaten, or intimidate a person in the United States in the free exercise or enjoyment of any right or privilege secured by the Constitution or laws of the United States or because of his or her having exercised such a right.
In order to prove an allegation of Intimidating a Witness or Victim, a prosecutor must be able to establish the following elements: That a person knowingly and maliciously. Prevented or dissuaded, or attempted to prevent or dissuade. A victim or witness from. Appearing at or testifying during a legal proceeding.
Witness intimidation takes many forms, including: Implicit threats, looks, or gestures. Explicit threats of violence. Actual physical violence.