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For over a century, judges in Massachusetts have been strongly encouraged to use the “Webster” instruction on reasonable doubt, written by Chief Justice Lemuel Shaw in Commonwealth v. Webster, 5 Cush. 295 (1850), when explaining the legal concept to jurors in criminal cases. In fact, “the Webster charge …Continue Reading New Mandatory Jury Instruction on Reasonable Doubt
Recent advances in the study of human memory have changed the way we understand memory. As science has progressed, the courts have tried to adjust the law to incorporate the principles that are “generally accepted”. In 2013, the SJC study group released a report on …Continue Reading Memory and Eyewitness Identification
Yesterday, in Commonwealth v. Gomes, the Supreme Judicial Court issued “a new provisional jury instruction regarding eyewitness identification.” The court explained, “We have made the jury instruction provisional to allow for public comment and possible future revision before we declare it a model, but it should …Continue Reading Eyewitness Identification
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2016
Comments Invited on Proposed Changes to Model Jury Instructions on Homicide Posted on May 5
The Supreme Judicial Court Model Homicide Instruction Committee invites comments on proposed revisions to the Model Jury Instructions on Homicide. The proposed revisions largely serve to update the instructions to reflect changes arising from opinions in recent years and to clarify portions of the instructions …Continue Reading Comments Invited on Proposed Changes to Model Jury Instructions on Homicide