In May 2016, the departments of the Massachusetts Trial Courts that handle criminal offenses issued recommended protocols and best practices designed to assist judges to impose appropriate but not overly punitive criminal sentences. The reports emerging from the working groups of the District Courts and the Boston Municipal Court and…
In a new case, Commonwealth v. Celester, the Massachusetts Supreme Judicial Court emphasizes how important it is for defendants to be informed of and advised regarding their right to remain silent, holding that it was ineffective for an attorney not to advise his client to invoke his Fifth Amendment right…
Over a year ago, I published a blog post describing the unfair processes used by many schools to deal with complaints of sexual assault and harassment, and compared it to the criminal justice system. As I wrote then, the Department of Education (DOE) Office of Civil Rights (OCR) has placed…
Nearly 12 years after Bill Cosby allegedly drugged and sexually assaulted Andrea Constand, his arrest in Pennsylvania on a charge of aggravated indecent assault subjects him to the possibility of criminal penalties for the first time. One reason that the prosecution is happening now is simple—this is prosecutors’ last opportunity…
On December 3, 2015, a divided panel of the Second Circuit Court of Appeals cleared Gilberto Valle, sensationally dubbed the “Cannibal Cop” by some in the media, of the two charges against him, conspiracy to commit kidnapping and a violation of the Computer Fraud and Abuse Act (CFAA). Although the…
The ongoing trial of Philip Chism, which resumed yesterday following the Thanksgiving holiday, presents an unusual and disturbing set of issues in view of the terrible nature of the defendant’s actions, his extreme youth, and his apparently very serious mental illness. First, the events at issue are undeniably horrifying; Chism…
Last week, a Massachusetts federal trial court opened the door to a direct constitutional challenge to the death penalty. “The court remains concerned,” Judge Mark L. Wolf wrote, “about the potential rate of error in federal capital cases generally and the risk of the execution of the innocent particularly.” The…
While it is not a crime to think about committing a crime, or in general to talk about committing a crime, it is a crime to agree with someone else to commit a crime. Usually one additional thing is required, an “act in furtherance” of the conspiracy – something to…
Anyone who has gone through the criminal justice system—whatever the outcome—knows that criminal charges can have a significant and lasting effect on their lives. Especially if someone has been convicted of a crime, but even if the case ended in an acquittal or a dismissal, information about criminal charges can…
Earlier this week, the Massachusetts Supreme Judicial Court (SJC), in Commonwealth v. Dorazio, SJC-11765 (Sep. 2, 2015), reversed Herbert Dorazio’s convictions for rape of a child and of assault with intent to rape a second child. The Court reversed the convictions because, during trial, the Commonwealth put on testimony that…