Massachusetts Jury Instruction — Possession refers to the specific set of instructions that a judge provides to a jury during a criminal trial regarding the concept of possession in the state of Massachusetts. Possession is defined as having control or ownership of an item, substance, or property. The jury instructions for possession in Massachusetts outline the legal principles that the jury must consider when determining whether a defendant is guilty of possession or not. Keywords: Massachusetts, jury instruction, possession, criminal trial, control, ownership, guilty, defendant. There are different types of Massachusetts Jury Instruction — Possession that may be applicable depending on the specific circumstances of the case. These instructions generally fall under two main categories: 1. Actual Possession: This refers to the physical control or direct physical contact that a person has with an item or substance. The jury is instructed to assess whether the defendant had direct physical control over the item in question, such as holding it or having it on their person. 2. Constructive Possession: This refers to a situation where a person does not have physical control of an item or substance but has the intent and ability to exercise control over it. The jury instruction for constructive possession guides the jury to consider factors such as the proximity of the item to the defendant, the defendant's awareness of the item, and whether the defendant had the intention to control or exercise dominion over it. The Massachusetts Jury Instruction — Possession aims to ensure that the jury understands the legal standards regarding possession and applies them correctly when deliberating a defendant's guilt or innocence. By providing specific instructions, the judge helps the jury navigate the complexities of possession charges and make an informed decision based on the evidence presented during the trial. Overall, Massachusetts Jury Instruction — Possession is a pivotal component of a criminal trial that clarifies the legal criteria for the jury's evaluation of a defendant's possession of an item or substance, ultimately affecting the outcome of the case.
Massachusetts Jury Instruction - Possession
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595, 607 (1993) (constructive possession of controlled substance requires proof that defendant knew location of illegal drugs plus ability and intent to exert dominion and control).
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
?Possession with intent? or ?PWID? are used as shorthand for the full phrase ?possession with intent to distribute.? Possession with intent is a serious crime. It means the police believe you are in the drug business, and it comes with much heavier penalties than standard possession.
Possession with intent to distribute is a more serious charge than possession. It's defined as a person selling or offering to sell a controlled substance.
Possession refers to someone having drugs for personal use only. Intent to distribute refers to drug trafficking and the sale of drugs. While possession is typically a minor crime, it can cause a person to be charged with a felony, especially if the person is found in possession of large amounts of drugs.
In Massachusetts, distribution or possession with intent to distribute a controlled substance is a felony, if the substance is class A, B, or C. For distribution or intent to distribute a controlled substance class D or E, the charge is a misdemeanor, but the consequences can still be severe.
If one person alone has actual or constructive possession of a thing, possession is sole. If two or more persons share actual or constructive possession of a thing, their possession is joint.
Distribution or possession with intent to distribute class B- cocaine, crack or methamphetamine- in Massachusetts is a felony. Under MGL c. 94C s.