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Massachusetts Jury Instruction - Preliminary Instructions Before Opening Statements - Long Form

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.
Massachusetts Jury Instruction — Preliminary Instructions Before Opening Statements — Long Form provides essential guidance and information to jurors about their responsibilities, the trial process, and important legal concepts during a trial in Massachusetts. These instructions are given by the judge before the attorneys present their opening statements to ensure that jurors have a proper understanding of the upcoming proceedings. Some relevant keywords associated with Massachusetts Jury Instruction — Preliminary Instructions Before Opening Statements — Long Form include: 1. Massachusetts: Indicates that these instructions are specific to the state of Massachusetts and its legal system. 2. Jury Instruction: Refers to the set of legal guidelines provided by the judge to the jury members during a trial. 3. Preliminary Instructions: Denotes the instructions provided at the beginning of a trial, before the opening statements, to familiarize jurors with their roles and the trial procedure. 4. Opening Statements: Refers to the statements made by the attorneys at the beginning of the trial to outline their case. 5. Long Form: Suggests that there might be different versions or lengths of the preliminary instructions — long form being one of them. Variations of Massachusetts Jury Instruction — Preliminary Instructions Before Opening Statements may include: 1. Short Form: A condensed version of the preliminary instructions that only covers the essential information necessary for jurors to understand their role in the trial. 2. Standard Form: A comprehensive set of preliminary instructions that covers all the necessary information in a balanced and unbiased manner. 3. Customized Form: Instructions tailored to specific types of cases or trial circumstances, addressing unique legal elements or complexities that may arise during the trial. These different forms of preliminary instructions may be utilized in Massachusetts trials depending on the judge's discretion, the nature of the case, and the specific needs of the jury. The purpose of these instructions is to ensure that jurors have a clear understanding of their obligations, the rules of evidence, burden of proof, credibility assessment, and other relevant legal principles, thus enabling them to make an informed, fair, and impartial decision.

Massachusetts Jury Instruction — Preliminary Instructions Before Opening Statements — Long Form provides essential guidance and information to jurors about their responsibilities, the trial process, and important legal concepts during a trial in Massachusetts. These instructions are given by the judge before the attorneys present their opening statements to ensure that jurors have a proper understanding of the upcoming proceedings. Some relevant keywords associated with Massachusetts Jury Instruction — Preliminary Instructions Before Opening Statements — Long Form include: 1. Massachusetts: Indicates that these instructions are specific to the state of Massachusetts and its legal system. 2. Jury Instruction: Refers to the set of legal guidelines provided by the judge to the jury members during a trial. 3. Preliminary Instructions: Denotes the instructions provided at the beginning of a trial, before the opening statements, to familiarize jurors with their roles and the trial procedure. 4. Opening Statements: Refers to the statements made by the attorneys at the beginning of the trial to outline their case. 5. Long Form: Suggests that there might be different versions or lengths of the preliminary instructions — long form being one of them. Variations of Massachusetts Jury Instruction — Preliminary Instructions Before Opening Statements may include: 1. Short Form: A condensed version of the preliminary instructions that only covers the essential information necessary for jurors to understand their role in the trial. 2. Standard Form: A comprehensive set of preliminary instructions that covers all the necessary information in a balanced and unbiased manner. 3. Customized Form: Instructions tailored to specific types of cases or trial circumstances, addressing unique legal elements or complexities that may arise during the trial. These different forms of preliminary instructions may be utilized in Massachusetts trials depending on the judge's discretion, the nature of the case, and the specific needs of the jury. The purpose of these instructions is to ensure that jurors have a clear understanding of their obligations, the rules of evidence, burden of proof, credibility assessment, and other relevant legal principles, thus enabling them to make an informed, fair, and impartial decision.

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FAQ

The opening statement is a lawyer's first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements, followed immediately after by the adverse party (defendant).

The judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.

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.

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.

For example, a judge might instruct jurors that, as a matter of law, the defendant must have known they were committing a crime to be convicted. The jury must make the factual determination whether the evidence showed that the defendant had that knowledge.

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).

The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.

Judge's Instructions on the Law 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.

More info

The Massachusetts Court System's jury instructions are written statements that explain the jury's role and laws that apply to the specific case. [Here set out the elements of each offense.] The trial will proceed in the following order: Opening statements. First, the prosecutor will present ...Upload a document. Click on New Document and select the file importing option: add Jury Instruction - Preliminary Instructions Before Opening Statements - Long ... by HPH Marshall · 1982 · Cited by 1 — to be set out for the jury in the preliminary instruction.] [Insert Instruction 4 here if a statement that the jury should not consider punishment is desired.]. In a highly publicized case, where there is likely to be significant media coverage during jury selection, the trial judge may want give a preliminary. “Precharge” instructions are given to jurors before opening statements in a trial, and serve as preliminary or informative instructions, in which the jury ... Jul 31, 2002 — 4.01 INTRODUCTION. After the jury has been selected, the parties give their opening statements. The opening statements introduce the jurors ... Counsel for each party shall be allowed fifteen minutes for an opening statement and thirty minutes for argument; but before the opening or the argument ... Apr 12, 2015 — The pre-charge addresses the nature of memory so that the jury can evaluate eyewitness testimony free from common misconceptions that might ... The Opening. The opening statement is a critical element of any jury trial. Opening statement is your first opportunity to tell the jury what happened. A.

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Massachusetts Jury Instruction - Preliminary Instructions Before Opening Statements - Long Form