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Articles Posted in criminal law

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SJC allows police to “double-dip” with show-cause hearings

Show-cause hearings, also known as clerk-magistrate’s hearings, are a unique feature of the Massachusetts legal system, offering many of those accused of criminal conduct but not arrested a chance to privately contest charges before they publicly issue, thus potentially avoiding the expense, uncertainty, and reputational harm associated with a formal…

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Proposed legislation would automatically seal eligible criminal records in Massachusetts

A group of Massachusetts lawmakers has introduced a bill this year that would require automatic sealing of many criminal records after specified waiting periods have passed from the end of the defendant’s sentence. The waiting periods have been part of the Commonwealth’s sealing laws for many years and, as we…

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In Commonwealth v. Karen K., the Supreme Judicial Court Approves the Patfrisk of a Black Teenager, But Offers Hints for Future Challenges

The use of “patfrisk” or “stop-and-frisk” techniques by police is a serious—and, in some communities, alarmingly frequent—intrusion on personal liberty and dignity. In Commonwealth v. Karen K., the Massachusetts Supreme Judicial Court (SJC) considered the case of a sixteen-year-old African-American girl stopped and patfrisked by Boston police, who discovered a…

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Proposed legislation would increase opportunities for juvenile diversion

The majority of adolescents in Massachusetts, at some point, engage in behaviors that could subject them to delinquency proceedings in Juvenile Court. Although most of those adolescents are unlikely to engage in that type of behavior more than once or twice, even those who are otherwise not at risk for…