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In a criminal harassment trial (MA 265; 43A), can the

defense ask the judge to...
In a criminal harassment trial (MA 265; 43A), can the defense ask the judge to llicit from the jury what their specific findings were? Conviction requires the finding of 3 separate qualifying incidents (each beyond a reasonable doubt). How does one elicit the findings of the jury, in case the trial results in a guity verdict (and for appeal)?
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Answered in 2 minutes by:
3/9/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,381
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 4 months ago
Thanks! Of course, take your time. No rush at all.

The judge charges the jury with the law and tells them the steps that they must go through. The jury also gets a verdict sheet which they fill out, and that's where you can see their findings.

This is not as complex a case as yours which has three separate qualifying conditions, but you can probably see what I mean anyhow:

https://www.mass.gov/files/documents/2016/08/vj/8521-larceny-by-stealing-verdict-slip.pdf

Here's another one:

https://www.mass.gov/files/documents/2016/08/qn/5501-oui-causing-serious-injury-verdict-slip.pdf

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Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Customer reply replied 4 months ago
Hi Zoey, Thanks for following up. Your answer pretty much highlights the importance of my question (without actually answering the question). In the context of your answer and the links provided, my question really revolves around how one would procedurally asking the judge to modify the verdict form to include, "Please list the three harassing incidents that the jury agrees unanimously on."My question is, "How does one ask the Court to modify the verdict form?"

In my experience, such forms are worked out and agreed upon between the lawyers and the judge before they are given to the jury. If there's no agreement the defense can object to it and preserve the issue for appeal.

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Customer reply replied 4 months ago
Thsnks!

You're very welcome!

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,381
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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