Great Legal Quote of the Day: The Bible

“Ah! Those who enact unjust statutes,     who write oppressive decrees,  Depriving the needy of judgment,     robbing my people’s poor of justice, Making widows their plunder,     and orphans their prey! What will you do on the day of punishment,     when the storm comes from afar? To whom will you flee for help?     Where will you leave your wealth, Lest it sink beneath the captive     or fall beneath the slain? For all

Great Legal Quote of the Day: Hugo Black

“The Framers of the Constitution knew that free speech might be the friend of change and revolution. But they also knew that it is always the deadliest enemy of tyranny.” —Hugo Black, Speech at New York University in Honor of James Madison, February 1960. Sources: http://tinyurl.com/m5v79g5 http://tinyurl.com/m4vo2ft

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 post-July 12, 2013 finding of a Level Two, and thereby justify internet publication of the

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 proof for sexual dangerousness if there is a nexus between the disorder and the factors

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 excluding a certain black person from the jury. The SJC also instructed the Superior Court

“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. Sex Offender Registry Board, 473 Mass. 297 (2015) . DECISION: Unanimous, 7-0, opinion by Justice

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 instruction grounds, none of which the court found persuasive. The jury was notably limited by

Great Legal Quote of the Day: Frederick Douglass

“To suppress free speech is a double wrong. It violates the rights of the hearer as well as those of the speaker.” –Frederick Douglass, A Plea for Free Speech in Boston, 1860. Sources: http://www.transcendentalists.com/plea_for_free_speech.htm http://tinyurl.com/mwrw5kl http://tinyurl.com/ksoyteb