Massachusetts Superior Court Criminal Practice Jury Instructions (MCLE)
CHAPTER 5 INSTRUCTIONS ON DEFENSE AND JUSTIFICATION

§ 5.9 ACCIDENT

The defendant does not have to prove anything in a criminal trial. The Commonwealth must prove beyond a reasonable doubt every element of the crime charged.

In this case there is evidence that what occurred was an accident. You must therefore determine whether the defendant intentionally committed the act or whether what occurred was an accident.

An accident is defined as an unexpected happening that occurs without intention or design on the defendant’s part. It means a sudden, unexpected event that takes place without the defendant’s intending it. Stated otherwise, an accident is an unintentional event occurring through inadvertence, mistake, or negligence.

If an act is accidental, it is not a crime. When considering the evidence, bear in mind that the defendant does not have to prove anything. The Commonwealth must prove beyond a reasonable doubt that what occurred was not an accident. If the Commonwealth has failed to prove to you beyond a reasonable doubt that what occurred was not an accident, then you must find the defendant not guilty.

 

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