Cook Illinois Jury Instruction Counterfeitei— - Uttering is a set of guidelines that informs the jury about the specific legal elements and considerations surrounding a counterfeit crime related to the act of uttering. The instruction is designed to assist the jury in understanding the nature of the offense, the necessary proof required to establish guilt, and the potential legal consequences for the defendant. Keywords: Cook Illinois, jury instruction, counterfeit, uttering, legal elements, proof, guilt, legal consequences. Counterfeit — Uttering refers to the act of knowingly and intentionally passing or attempting to pass off a fake or forged item as genuine. In the context of Cook Illinois, there may be different types of Jury Instructions related to Counterfeit — Uttering, depending on specific circumstances or variations of the offense. These types of instructions could include: 1. Cook Illinois Jury Instruction Counterfeitei— - Uttering with Intent to Defraud: This type of instruction focuses on cases where the defendant purposely uses counterfeit money, documents, or other goods to deceive another person or entity for financial gain. It emphasizes the requirement of fraudulent intent and the seriousness of the offense. 2. Cook Illinois Jury Instruction Counterfeitei— - Uttering in Commerce: This instruction is relevant when the act of uttering counterfeit items occurs within the realm of commerce, such as passing forged currency or counterfeit merchandise in a business transaction. It may discuss the impact on legitimate trade and the potential harm to consumers. 3. Cook Illinois Jury Instruction Counterfeitei— - Uttering Government Documents: This type of instruction would specifically address cases involving the forging or passing of counterfeit government documents, such as fake identification cards, passports, or official certificates. It would highlight the gravity of the offense due to the potential national security implications. 4. Cook Illinois Jury Instruction Counterfeitei— - Uttering Counterfeit Goods: This instruction would pertain to cases where the defendant attempts to pass off counterfeit goods as genuine. It could include examples such as fake designer clothing, counterfeit pharmaceuticals, or pirated software, emphasizing the potential risks to public health, safety, and intellectual property rights. By providing clear and precise instructions to the jury, the Cook Illinois Jury Instruction Counterfeitei— - Uttering ensures that jurors have a comprehensive understanding of the issue at hand and can make an informed decision based on the evidence presented during the trial. It helps to maintain the integrity of the legal system and promotes fair and just outcomes in counterfeit uttering cases.
Cook Illinois Jury Instruction - Counterfeit - Uttering
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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.
Forgery was the creation of a forged document, with the intent to defraud; whereas uttering was merely use the passing of a forged document, that someone else had made, with the intent to defraud.
Under common law, uttering is when a person offers as genuine a forged instrument with the intent to defraud.
Possessing, using, or offering a false writing with the intent to defraud was a separate offense, known as "uttering a forged instrument." For example, if someone used a false identification card in order to obtain a line of credit, he would be guilty of uttering a forged instrument, even if he did not actually make
Jury instructions are an important component of a trial because they focus the jury on the specific issues and laws applicable to the case being tried. Jury instructions should identify the issues the jury will need to decide and help them understand the legal principles of the case.
A conviction on forgery in Massachusetts can result in punishment of imprisonment in the state prison for up to ten years or a jail or house of correction sentence of up to two years.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case.
Massachusetts Uttering Statute The crimes of uttering and forgery in Massachusetts each require proof of the intent to injure or defraud another. The Massachusetts law against uttering is a concurrent felony rather than a misdemeanor and is codified in M.G.L c. 267, § 5-6.
Uttering a forged instrument is when you intentionally create a forged document or financial instrument and circulate it into the public. It can be a promissory note, check, bill, or draft or any other formal document that would lead to the payment of money.
Uttering is passing that document to someone with the intent to defraud. So, if you made a counterfeit $100 bill, that would be forgery. If you gave that counterfeit bill to a convenience store in exchange for groceries, that would be uttering.