In criminal law, the Commonwealth must prove three elements beyond a reasonable doubt for assault and battery: (1) the defendant touched the victim, (2) the defendant intended to touch the victim, and (3) the touching was either likely to cause bodily harm or was offensive; for strangulation, the Commonwealth must prove: (1) the defendant intentionally applied pressure on the throat or neck, (2) the pressure was substantial, and (3) the pressure interfered with normal breathing or circulation of blood.
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Jury That Acquitted Stefon Diggs Asked Question Before Not Guilty Verdicts追加:
All right, jurors. I did receive your question which uh reads uh what are the three criteria for assault and battery and the three for strangulation. So, let me begin with the uh assault and battery. The defendant is charged with having committed an assault and battery upon Ma Adams.
In order to prove the defendant guilty of committing an intentional assault and battery, the Commonwealth must prove three things beyond a reasonable doubt.
First, that the defendant touched the person of Mela Adams. Second, that the defendant intended to touch Mila Adams.
And third, that the touching was either likely to cause bodily harm to Mila Adams or was offensive.
To prove the first element, the Commonwealth must prove the defendant touched Ma Adams. A touching is any physical contact, however slight. A touching may be direct as when a person strikes another or it may indirect be indirect as when a person sets emotion, some force or instrumentality that strikes another. To prove the second element, the Commonwealth must prove that the defendant intended to touch Mila Adams in the sense that the defendant consciously and deliberately intended the touching to occur and that the touching was not merely accidental or negligent. The Commonwealth is [clears throat] not required to prove that the defendant specifically intended to cause injury to Ma Adams. To prove the third element, the Commonwealth must prove that the touching was either likely to cause bodily harm to Mela Adams or was offensive. A touching is offensive when it is without consent.
The defendant is charged with strangulation. And to prove the defendant guilty of this offense, the Commonwealth must prove three things beyond a reasonable doubt.
First, that the defendant intentionally applied pressure on the throat or neck of Mila Adams. Second, that the pressure was substantial. And third, that the pressure interfered with the normal breathing or circulation of blood of Ma Adams. To prove the first element, the Commonwealth must prove beyond a reasonable doubt that the defendant intentionally applied pressure on the throat or neck of Ma Adams. The Commonwealth must prove that the defendant consciously and deliberately intended the touching to occur and that it was not merely accidental or negligent. You may examine any evidence regarding the defendant's actions or words and all the surrounding circumstances to determine whether the defendant intended to apply pressure to the throat of ne or neck of Ma Adams. To prove the second element, the common mouth must prove beyond a reasonable doubt that the pressure was substantial.
You may consider evidence, if any, about how, where, when, and for what duration the pressure was applied, as well as any evidence of its effect or impact on Ma Adams. To prove the third element, the Commonwealth must prove beyond a reasonable doubt that the pressure that was applied interfered with the normal breathing or circulation of blood of Ma Adams. If the Commonwealth has proven all three elements beyond a reasonable doubt, you should return a verdict of guilty. If the Commonwealth has failed to prove one or more of the elements beyond a reasonable doubt, you must find the defendant not guilty.
With that, I will send you back to your deliberations. All rise. Jurors can step down. Remain standing. All others may be seated.
Madam 4 Lady, has your jury agreed upon a verdict?
>> Yes. On count one, strangulation or suffocation, what is your verdict?
Guilty or not guilty?
>> Not guilty.
>> On count two, the charge of assault and battery, what is your verdict? Guilty or not guilty?
>> Not guilty.
>> Madame for Lady, members of the jury, hearken to your verdict as the court has recorded it. Upon your oath, you say that the defendant is not guilty of the count of strangulation or suffocation and not guilty of the count of assault and battery. So say you, madam for lady.
>> Yes.
>> So say all members of the jury.
>> Yes.
>> All right. Thank you. Jurors, please be seated for a moment. Everyone seated.
Um, jurors, I uh told you during this trial and in my instructions that the verdict was your responsibility and your responsibility alone. Jurors, I want to thank each of you for your careful attention and your service throughout this trial. This case has involved a heightened level of public attention.
Despite that, you have remained focused on the evidence presented in this courtroom and the law as I instructed you. That is exactly what is required and it is essential to the fair administration of justice. I recognize that serving as a juror in any case can be demanding and in a case such as this it may have required additional patience and sacrifice. The court is grateful for the seriousness and integrity with which you have carried out your responsibilities.
Now that your service is complete, you are free to discuss the case with others if you choose, but you are not required to do so. You should not feel any obligation to speak with anyone, including members of the media. If you are approached, you may simply decline.
Whether or not to speak is entirely your decision.
All I can say is that on behalf of the court and the parties, thank you again for your public service and you are now excused with the thanks of the court.
Arise church accept [clears throat] Stephan Digs. Sir, you've been found not guilty on the following charges: strangulation or suffocation and assault and battery. Such charges will automatically be sealed by the office of the commissioner of probation and the clerk's office unless you notify the commissioner of probation in writing within 10 days that you do not want the charges sealed using the request not to seal court records under general laws chapter 276 section 100c form which is available on mass.gov.
The request not to seal form must be sent to the office of the commissioner of probation by mail or email to the addresses provided on the form. If you want copies of any documents associated with these charges, you must request them immediately before the charges are sealed. Once the charges are sealed, you will not have access to related documents unless you file a motion with the court asking to unseal them.
>> Sir, you've been found not guilty.
You're free to go, sir.
You're welcome.
>> Court all media can step outside now. Media, please.
>> Squad stands in a recess.
Set up outside. Okay. Set up. Thank you.
talk to council.
>> Yeah. Okay.
>> Media, please step out. Please step out.
>> Yeah.
>> Please.
>> Yep. Thank you.
Thank you very much.
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