Mass. SJC declares that SORB can’t use post-July 12, 2013 failed reclassification attempts as basis to publish previously barred Level Two information on the internet

SUMMARY: Massachusetts Supreme Judicial Court (SJC) clarified an earlier ruling enjoining the Massachusetts Sex Offender Registry Board (SORB) from publishing registry information on Level Two sex offenders classified before July 12, 2013. The SJC stated that SORB cannot use a post-July 12, 2013 failure to reclassify a Level Two as a Level Three as a [...]

Massachusetts High Court Upholds Civil Commitment of Sex Offender against Substantive Due Process Challenge, But Declares Portion of Sex Offender Assessment Tests Now Inadmissible

SUMMARY: The Massachusetts Supreme Judicial Court (SJC) upheld the civil commitment of a defendant as a Sexually Dangerous Person (SDP) as a result of his diagnosis as having Antisocial Personality Disorder (ASPD). The SJC rejected defendant’s Substantive Due Process claims that ASPD was insufficient to commit him as an SDP, clarifying that ASPD is sufficient [...]

Great Legal Quote of the Day: Shakespeare

“The jury, passing on the prisoner’s life May in the sworn twelve have a thief or two Guiltier than him they try.” —William Shakespeare, Measure for Measure, Act 2, Scene 1. Sources: https://www.infoplease.com/homework-help/literature-and-authors/william-shakespeare-measure-measure-act-ii http://tinyurl.com/kjokuxe http://tinyurl.com/mvorgu9 https://www.youtube.com/watch?v=X3bccTRb26o

Massachusetts Supreme Judicial Court Reverses Murder Conviction Due to Unexplained Exclusion of Black Person from Jury, Despite Sufficient Evidence Otherwise to Convict

SUMMARY: The Massachusetts Supreme Judicial Court (SJC) reversed a conviction for murder. Despite finding that there was sufficient evidence to support the conviction, the SJC found that the Superior Court had abused its discretion and created a constitutional structural error by failing to require the prosecution to give an adequate and genuine race-neutral reason for [...]

“Clear and Convincing Evidence” Now the Standard for Sex Offender Classification in Massachusetts

SUMMARY: In an earth-shifting case, the Massachusetts Supreme Judicial Court (SJC) increased the standard of proof necessary for the Sex Offender Registry Board (SORB) to classify a convicted sex offender. The SJC increased the burden to a “clear and convincing” standard, replacing the older “preponderance of the evidence” standard. CASE NAME: Doe No. 380316 v. [...]

Appeals Court Affirms Sex Offense Convictions, Despite Arguments Raised Regarding the First Amendment, Legislative Intent, and Limiting Instructions to the Jury

SUMMARY: The Massachusetts Appeals Court affirmed the defendant’s convictions for child rape, child pornography, and dissemination of matter harmful to minors when a 23-year old man and a 13-14 year old girl had sexual contact both in person and via cell phone. The defendant raised arguments based on legislative intent, First Amendment, and Improper jury [...]