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…
We have previously covered on this blog the developing case law interpreting the Massachusetts law governing harassment prevention orders. To recap, the statute allows an individual suffering from a pattern of “harassment,” meeting certain requirements, to obtain a restraining order against the harasser. Because “harassment” could be a broad, almost…
A complex patchwork of federal laws, regulations, and both binding and non-binding “guidance” issued by federal agencies governs how colleges respond to allegations of sexual harassment or sexual assault on campus. Compliance with these laws is often a challenge for colleges, which have to respond to the federal government’s increasingly…
Last month, The U.S. Department of Justice announced that it was implementing a new policy to govern the use of cell-site simulator technology, known also as “stingrays,” by federal law enforcement. The policy, available here, is intended to better protect suspects in criminal investigations and bystanders from intrusive, warrantless searches…
I have written previously about the EEOC’s litigation on behalf of Aimee Stephens, whose employer—a Michigan funeral home—fired her when she announced that she was transitioning and would present as a woman at work in the future. At ZDB we have continued to follow this potentially groundbreaking federal litigation in…
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…
The big news in criminal law this week has been the ongoing New Hampshire trial of Owen Labrie, a prep-school student accused of raping a 15-year-old fellow student. As I write this, the jury in that case is considering its verdict. While the case has gained attention in large part…
Last week, in Commonwealth v. McGhee, the Massachusetts Supreme Judicial Court (“SJC”) addressed, for the first time, the constitutionality of the Massachusetts sex trafficking statute. Massachusetts criminalized sex trafficking in 2011. The state law bars “subject[ing], or attempt[ing] to subject, or recruit[ing], entic[ing], harbor[ing], transport[ing], provid[ing] or obtain[ing] by any…