Product Description

Recent updates:

• Update: January 2025

  Dear Subscriber:

  Thank you for purchasing the latest edition of Trying Sex Offense Cases in Massachusetts . Inside, you will find hundreds of points of new material, on topics including the following:

  • Sexual misconduct by health-care providers and the clergy. See chapter 1 for new material pertaining to G.L. c 265, § 22D, which came into effect November 6, 2024. The new section criminalizes sexual misconduct by health-care providers and clergy. Subsection 22D(a) defines the term "health care provider". The four elements of the crime are set forth.

  • Other sexual allegations. See chapter 2 for a discussion of the rape shield law. The chapter addresses, in particular, admissibility of allegations of sexual abuse as long as such allegations bear sufficiently unusual similarities to the allegations in the present case that their repetition suggests that the complainant may be drawing from the prior allegations to fabricate the new ones. A 2024 decision is cited.

  • Statutory rule of exclusion of evidence. Chapter 4 discusses a 2024 decision where it was noted that a defendant's constitutional right to put forth a defense outweighs the interests underlying the rape-shield statute provided that the defense theory for introduction of the evidence is more than mere hope or speculation.

  • Competency of alleged victim. See chapter 6 for a citation of a decision addressing the constitutionality of the trial court's refusal to permit a defendant charged with sexually abusing minor to cross-examine the complainant about statements concerning purported sexual abuse by a third party.

  • DNA. Chapter 7 discusses probabilistic genotyping as part of the analysis and interpretation of DNA profiles, and calculation of a "likelihood ratio" that expresses the DNA results by comparing the prosecution's hypothesis and the defense hypothesis. The chapter provides explanation regarding this sort of analysis and interpretation.

  We at MCLE trust that you will find this new content valuable in your practice and library.

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

Instructions Common to All Criminal Cases

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Hon. Joseph M. Ditkoff, Appeals Court, Commonwealth of Massachusetts
Stephanie Martin Glennon, Esq., Norfolk District Attorney's Office, Commonwealth of Massachusetts

Instruction 1.1

- Preliminary Instruction Before Trial Buy Form

Instruction 1.10

- Intent: General and Specific Buy Form

Instruction 1.11

- Posttrial Communication with Attorneys Buy Form

Instruction 1.2

- Reasonable Doubt Buy Form

Instruction 1.3

- Presumption of Innocence Buy Form

Instruction 1.4

- Evidence: Direct and Circumstantial Buy Form

Instruction 1.5

- Inferences Buy Form

Instruction 1.6

- Role of Judge and Fact-Finding Role of Jury Buy Form

Instruction 1.7

- Role of the Attorney Buy Form

Instruction 1.8

- Opening Statements and Closing Arguments Buy Form

Instruction 1.9

- Credibility of Witnesses Buy Form

Chapter 2 expand

Instructions for Specific Crimes: Crimes of Homicide

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Instruction 2.1

- Statement of the Supreme Judicial Court: Model Jury Instructions on Homicide (April 2018) Buy Form

Instruction 2.10

- Supreme Judicial Court Chalk: Requirements of Proof for Homicide Buy Form

Instruction 2.2

- Criminal Responsibility Buy Form

Instruction 2.3

- Joint Venture Buy Form

Instruction 2.4

- Self-Defense and Defense of Another Buy Form

Instruction 2.5

- Murder in the First Degree Buy Form

Instruction 2.6

- Murder in the Second Degree Buy Form

Instruction 2.7

- Voluntary Manslaughter (Lesser Included Offense to Murder) Buy Form

Instruction 2.8

- Involuntary Manslaughter Buy Form

Instruction 2.9

- Supplemental Instructions Buy Form

Chapter 3 expand

Instructions for Specific Crimes: Crimes Against the Person

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Pamela Alford, Esq., Norfolk County District Attorney's Office, Commonwealth of Massachusett
Larry R. Tipton, Esq., Tipton Law

Instruction 3.1

- Rape (G.L. c. 265, § 22) Buy Form

Instruction 3.10

- Assault and Battery (G.L. c. 265, § 13A) Buy Form

Instruction 3.11

- Assault and Battery by Means of a Dangerous Weapon (G.L. c. 265, § 15A) Buy Form

Instruction 3.12

- Assault with Intent to Murder/?Assault with Intent to Kill (G.L. c. 265, § 15) Buy Form

Instruction 3.13

- Stalking (G.L. c. 265, § 43) Buy Form

Instruction 3.14

- Kidnapping (G.L. c. 265, § 26) Buy Form

Instruction 3.15

- Attempted Extortion (G.L. c. 265, § 25) Buy Form

Instruction 3.16

- Robbery (G.L. c. 265, §§ 17, 19(b)) Buy Form

Instruction 3.17

- Carjacking Without a Dangerous Weapon (G.L. c. 265, § 21A) Buy Form

Instruction 3.18

- Carjacking While Armed with a Dangerous Weapon or with a Firearm, Rifle, Shotgun, Machine Gun, or Assault Weapon (G.L. c. 265, § 21A) Buy Form

Instruction 3.19

- Enticement of a Child Under Age Sixteen (G.L. c. 265, § 26C) Buy Form

Instruction 3.2

- Assault with Intent to Rape (G.L. c. 265, § 24) Buy Form

Instruction 3.20

- Reckless Endangerment of a Child (G.L. c. 265, § 13L) Buy Form

Instruction 3.21

- Assault and Battery on a Child (G.L. c. 265, § 13J) Buy Form

Instruction 3.22

- Attempted Murder (G.L. c. 265, § 16/G.L. c. 274, § 6) Buy Form

Instruction 3.23

- Trafficking of Persons for Sexual Servitude (G.L. c. 265, § 50) Buy Form

Instruction 3.24

- Strangulation or Suffocation (G.L. c. 265, § 15D) Buy Form

Instruction 3.3

- Rape of a Child: Use of Force (G.L. c. 265, § 22A) Buy Form

Instruction 3.4

- Rape and Abuse of a Child (G.L. c. 265, § 23) Buy Form

Instruction 3.5

- Indecent Assault and Battery on a Person of Fourteen Years of Age or Older (G.L. c. 265, § 13H) Buy Form

Instruction 3.6

- Indecent Assault and Battery on a Child Under Fourteen Years (G.L. c. 265, § 13B) Buy Form

Instruction 3.7

- Mayhem (G.L. c. 265, § 14) Buy Form

Instruction 3.8

- Assault (G.L. c. 265, § 13A) Buy Form

Instruction 3.9

- Assault by Means of a Dangerous Weapon (G.L. c. 265, § 15B) Buy Form

Chapter 4 expand

Instructions for Specific Crimes—Crimes Against Property and Other Crimes

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Hon. Michael L. Fabbri,

Instruction 4.1

- Assault in a Dwelling With a Dangerous Weapon (G.L. c. 265, § 18A) Buy Form

Instruction 4.10

- Larceny by False Pretenses (G.L. c. 266, § 30) Buy Form

Instruction 4.11

- Larceny by Embezzlement (G.L. c. 266, § 30) Buy Form

Instruction 4.12

- Larceny from a Building Buy Form

Instruction 4.13

- Larceny from the Person (G.L. c. 266, § 25) Buy Form

Instruction 4.14

- Larceny of a Motor Vehicle (G.L. c. 266, § 28) Buy Form

Instruction 4.15

- Criminal Civil Rights Violations (G.L. c. 265, § 37) Buy Form

Instruction 4.16

- Intimidation Because of the Person’s Race, Color, Religion, National Origin, Sexual Orientation, Gender Identity, or Disability (G.L. c. 265, § 39) Buy Form

Instruction 4.17

- Intimidating a Witness, Juror, Court Official, or Law Enforcement Officer (G.L. c. 268, § 13B) Buy Form

Instruction 4.18

- Intentionally Misleading an Investigator in a Criminal Investigation (G.L. c. 268, § 13B) Buy Form

Instruction 4.19

- Perjury (G.L. c. 268, § 1) Buy Form

Instruction 4.2

- Home Invasion with a Dangerous Weapon (G.L. c. 265, § 18C) Buy Form

Instruction 4.20

- Controlled Substances Violations Buy Form

Instruction 4.3

- Arson (G.L. c. 266, § 1) Buy Form

Instruction 4.4

- Aggravated or Armed Burglary (G.L. c. 266, § 14) Buy Form

Instruction 4.5

- Breaking and Entering—Intent to Commit a Felony—No Person Put in Fear (G.L. c. 266, § 18) Buy Form

Instruction 4.6

- Breaking and Entering in the Nighttime (G.L. c. 266, § 16) Buy Form

Instruction 4.7

- Possession of Burglarious Tools (G.L. c. 266, § 49) Buy Form

Instruction 4.8

- Malicious Destruction of Property (G.L. c. 266, § 127) Buy Form

Instruction 4.9

- Larceny by Stealing Buy Form

Chapter 5 expand

Instructions on Defense and Justification

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Hon. Beverly J. Cannone, Superior Court, Commonwealth of Massachusetts
Hon. Marguerite T. Grant, Appeals Court, Commonwealth of Massachusetts
Michael J. Traft, Esq.,

Instruction 5.1

- Lack of Criminal Responsibility Buy Form

Instruction 5.10

- Mistake of Fact in Nonsexual Assault Cases Buy Form

Instruction 5.11

- Mistake of Fact in Sexual Assault Cases Buy Form

Instruction 5.12

- Withdrawal or Abandonment Buy Form

Instruction 5.13

- Parental Discipline Buy Form

Instruction 5.14

- Use of Force to Make Arrest Buy Form

Instruction 5.2

- Mental Impairment or Consumption of Alcohol or Drugs as They Apply to Proof of Knowledge or Intent (“Diminished Capacity”) Buy Form

Instruction 5.3

- Entrapment Buy Form

Instruction 5.4

- Self Defense and Defense of Another Buy Form

Instruction 5.5

- Defense of Property Buy Form

Instruction 5.6

- Alibi Buy Form

Instruction 5.7

- Necessity Buy Form

Instruction 5.8

- Duress Buy Form

Instruction 5.9

- Accident Buy Form

Chapter 6 expand

Instructions Regarding Special Issues: Trial Issues

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Kevin J. Curtin, Esq., Worcester District Attorney's Office, Commonwealth of Massachusetts
Thomas D. Ralph, Esq., Middlesex Superior Court, Commonwealth of Massachusetts
Benjamin B. Selman, Esq., Committee for Public Counsel Services

Instruction 6.1

- Deadlocked Jury: Tuey-Rodriquez Buy Form

Instruction 6.10

- Rehabilitation: Prior Consistent Statement Buy Form

Instruction 6.11

- Knowledge Buy Form

Instruction 6.12

- Potentially Duplicative Convictions—Separate and Distinct Acts Buy Form

Instruction 6.13

- View Buy Form

Instruction 6.14

- Cautionary Instruction on the Use of Electronic Information or Communication Buy Form

Instruction 6.2

- Identification Buy Form

Instruction 6.3

- Aider and Abettor Liability Buy Form

Instruction 6.4

- Conspiracy (G.L. c. 274, § 7; G.L. c. 94C, § 40) Buy Form

Instruction 6.5

- Conspiracy—Alternate Instruction Buy Form

Instruction 6.6

- Expert Witness Buy Form

Instruction 6.7

- Child Witness Buy Form

Instruction 6.8

- Absent (or Missing) Witness Buy Form

Instruction 6.9

- Impeachment Buy Form

Chapter 7 expand

Instructions Regarding Special Issues: Evidentiary Issues

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Hon. Peter B. Krupp, Superior Court, Business Litigation Session, Commonwealth of Massachusetts

Instruction 7.1

- Confessions and Admissions (Humane Practice) Buy Form

Instruction 7.10

- First Complaint Buy Form

Instruction 7.11

- Omissions in Police Investigations Buy Form

Instruction 7.12

- The Findings of Foundation or Preliminary Questions of Fact Buy Form

Instruction 7.13

- Facts Judicially Noticed Buy Form

Instruction 7.2

- Admissions by Silence Buy Form

Instruction 7.3

- Defendant Does Not Testify Buy Form

Instruction 7.4

- Reputation Evidence Buy Form

Instruction 7.5

- Consciousness of Guilt Buy Form

Instruction 7.6

- Defendant’s Other Bad Acts Buy Form

Instruction 7.7

- Immunized Witnesses Buy Form

Instruction 7.8

- Where Plea Agreement Conditioned on Truthfulness (Accomplice Testimony) Buy Form

Instruction 7.9

- Multiple Incidents or Theories in One Count Buy Form

Chapter 8 expand

White Collar Crime

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Margaret C. Parks, Esq., Office of the Attorney General, Commonwealth of Massachusetts

Instruction 8.1

- Presentation of False Claims (G.L. c. 266, § 67B) Buy Form

Instruction 8.2

- False Entries in Corporate Books (G.L. c. 266, § 67) Buy Form

Instruction 8.3

- Fraud in the Procurement of Government Services (G.L. c. 266, § 67A) Buy Form

Instruction 8.4

- Bribery—Soliciting or Accepting (G.L. c. 268A, § 2(b)) Buy Form

Instruction 8.5

- Bribery—Giving, Offering, or Promising (G.L. c. 268A, § 2(a)) Buy Form

Instruction 8.6

- Gratuity—Soliciting or Accepting (G.L. c. 268A, § 3(b)) Buy Form

Instruction 8.7

- Gratuity—Giving, Offering, or Promising (G.L. c. 268A, § 3(a)) Buy Form

Instruction 8.8

- Embezzlement by Fiduciary (G.L. c. 266, § 57) Buy Form

Chapter 9 expand

Sexually Dangerous Person Instructions

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Hon. Kenneth W. Salinger, Superior Court, Business Litigation Session, Commonwealth of Massachusetts

Instruction 9.1

- Initial Commitment (Section 12) Proceedings Buy Form

Instruction 9.2

- Discharge Petition (Section 9) Proceedings Buy Form

Chapter 10 expand

Procedural Aspects of Jury Instructions

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John M. Thompson, Esq., Thompson & Thompson, PC

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