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Recent updates:

• Update: February 2022

  Dear Subscriber:

  Thank you for keeping your copy of Criminal Model Jury Instructions for Use in the District Court current with this 2022 supplement. The District Court Committee on Criminal Proceedings has prepared a number of new and revised criminal model jury instructions. Among these are new instructions for drug offenses which carve out marijuana from the other controlled substances. This allowed the committee to address the exemptions that apply to marijuana without interfering with the instructions needed for cases involving controlled substances other than marijuana.

  Included in this 2022 supplement are fourteen new and eight revised instructions included in Transmittal No. 1341, dated November 22, 2021. These include:

  • a new COVID-19 Supplemental Impanelment Instruction (1.105);

  • new and revised instructions on Evaluation of Evidence ;

  • new instructions on Offenses Against the Person ;

  • new and revised instructions on Public Order Offenses ;

  • new and revised instructions on Firearms and Weapons Offenses ;

  • new and revised instructions on Drug Offenses ; and

  • a revised instruction on Larceny Offenses .

  Also included in this supplement are three new and five revised instructions issued prior to Transmittal No. 1341 and subsequent to the last printed supplement in June 2019. These include:

  • new and revised instructions on Offenses Against the Person ;

  • revised instructions on Abuse-Related Offenses ; and

  • a new instruction on Drug Offenses .

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2022 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2019

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The District Court Committee on Criminal Proceedings has created the following new instructions:

  • 6.280 ("Assault and Battery on an Elder or Disabled Person").

  • 6.281 ("Assault and Battery on an Elder or Disabled Person Causing Bodily Injury").

  • 6.282 ("Assault and Battery on an Elder or Disabled Person Causing Serious Bodily Injury").

  The Committee has also revised the following instructions:

  • 5.310 ("Operating Under the Influence of Intoxicating Liquor").

  • 5.400 ("Operating Under the Influence of Drugs").

  • 6.140 ("Assault and Battery")

  • 6.160 ("Assault and Battery Causing Serious Bodily Injury").

  • 6.180 ("Assault and Battery on a Person Protected by an Abuse Prevention Order").

  • 6.200 ("Assault and Battery on a Pregnant Woman").

  • 6.210 ("Assault and Battery on a Police Officer or Public Employee").

  • 6.220 ("Assault and Battery on Child Under 14 Causing Bodily Injury").

  • 6.275 ("Assault and Battery on a Family or Household Member").

  • 7.140 ("Deriving Support from Earnings of a Prostitute").

  Also included are new and revised instructions that were promulgated and distributed pursuant to Administrative Office of the District Court Transmittals Nos. 1212, 1256, and 1260:

  • 1.100 ("Impaneling the Jury").

  • 1.120 ("Preliminary Instruction to Jury Before Trial").

  • 1.270 ("Use of an Interpreter")

  • 1.275 ("Interpreter Assistance to Deaf Juror")

  • 2.120 ("Function of the Jury, What is Evidence, Credibility of Witnesses").

  • 5.305 ("Endangering a Child While Operating with a Blood Alcohol Level of .08 percent or Greater")

  • 5.315 ("Endangering a Child While Under the Influence of Intoxicating Liquors")

  • 7.300 ("Giving False Information After Arrest")

  • 7.360 ("Intimidating a Witness, Etc.")

  • 8.260 ("Wanton Destruction of Property")

  • 8.280 ("Willful and Malicious Destruction of Property")

  • 8.460 ("Larceny by Check").

  • 8.500 ("Larceny by False Pretenses")

  • 8.520 ("Larceny by Stealing")

  • 8.521 ("Larceny by Stealing Verdict Slip")

  • 8.600 ("Receiving Stolen Property")

  • 8.620 ("Shoplifting")

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2019 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2018

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The District Court Committee on Criminal Proceedings has created the following new instructions:

  • 3.230 ("Transferred Intent").

  • 3.570 ("Redactions").

  • 7.365 ("Intentionally misleading an investigator in a criminal investigation"). This instruction is tailored to this specific provision of G.L. c. 268, § 13B, which is commonly encountered in the District Court. The full instruction for intimating a witness, juror, court official or law enforcement officer in violation of G.L. c. 268, § 13B, remains at Instruction 7.360.

  The Committee has also revised the following instructions:

  • 3.560 ("Confessions and admissions (Humane Practice)"). This instruction was revised to include factors for the jury's consideration regarding the voluntariness of a defendant's statement in the body of the instruction. It also now includes reference to the absence of a complete recording of the defendant's statement as a factor for the jury to consider.

  • 5.310 ("Operating under the influence of intoxicating liquor"). A supplemental "Downs" instruction has been inserted and notes, consistent with, Commonwealth v. Wolfe, 478 Mass. 142 (2017), that such an instruction may only be given if the defendant requests it.

  • 6.500 ("Indecent assault and battery"). Supplemental instructions were added for cases in which the defendant directs the victim to touch the defendant or when the defendant touches the victim with his or her own private part. The instruction also eliminated the requirement that the Commonwealth prove that the victim was over the age of fourteen in addition to proving lack of consent.

  • 6.520 ("Indecent assault and battery on a child under the age of 14"). Supplemental instructions were added for cases in which the defendant directs the victim to touch the defendant or when the defendant touches the victim with his or her own private part.

  • 7.360 ("Intimidating a witness, juror, court official or law enforcement officer"). This instruction was revised to reflect the changes to the statute made by the Criminal Justice Reform Act, St. 2018, c. 69, namely, that an act committed in retaliation for past participation in a criminal investigation or court proceeding can now be charged as a crime under § 13B; the elimination of the category of persons protected by the statute who "further[ed] a civil or criminal proceeding … of any type"; and the addition of the following categories of persons protected by the statute: a person who is or was aware of information, records, documents, or objects that relate to a violation of a court order; victim witness advocate; correction officer; court reporter; court interpreter; and family member of a person described in the section.

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2018 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2017

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The District Court Committee on Criminal Proceedings has created the following new instructions:

  • 3.210 ("Motor Vehicle")

  • 5.700 ("Operating a Boat with a Blood Alcohol Level of .08% or Greater")

  • 5.710 ("Operating a Boat Under the Influence of Intoxicating Liquor")

  • 7.625 ("Possession of Ammunition")

  • 9.230 ("Duress"), separated from Necessity (9.240)

  The Committee has also revised the following instructions:

  • 3.660 ("First Complaint"), making non-substantive corrections to the language of the instruction, and updating notes.

  • 5.180 ("Leaving the Scene of an Accident Involving Property Damage"), removing public way as an element. See Commonwealth v. Leblanc, 475 Mass. 820, 822 (2016).

  • 6.180 ("Assault and Battery on a Person Protected by an Abuse Prevention Order"), to explain to the jury the concept of an offensive touching.

  • 6.200 ("Assault and Battery on a Pregnant Woman"), to explain to the jury the concept of an offensive touching.

  • 6.300 ("Assault and Battery by Means of a Dangerous Weapon"), removing references to requirement that the defendant "intentionally" used the item as a dangerous weapon.

  • 7.270 "Cruelty to Animals"), adding "cruelly" to modify "mutilated" and "killed," and provided definition of "cruelty." See Commonwealth v. Daly, 90 Mass. App. Ct. 48, 51 (2016).

  • 7.400 ("Open and Gross Lewdness and Lascivious Behavior"), to explain to the jury the objective element of the offense, see Commonwealth v. Maguire, 476 Mass. 156, 161 (2016), and deleting supplemental instruction regarding child of tender years, see Commonwealth v. Kessler, 442 Mass. 770, 777 (2004).

  • 8.220 ("Trespass"), updated notes to reflect potential necessity defense. See Commonwealth v. Magadini, 474 Mass. 593, 597-602 (2016).

  • 8.250 ("Vandalism"), replacing "owner of the property" to "another." See Commonwealth v. Chambers, 90 Mass. App. Ct. 137, 144-45 (2016).

  • 8.200 ("Theft, Purchase, Receipt, Possession or Concealment of Stolen Motor Vehicle; Malicious Damage to Motor Vehicle; Stealing Parts from Motor Vehicle Taken Without Authority; Concealing Motor Vehicle Thief"), replacing "owner of the property" to "another," see Commonwealth v. Chambers, 90 Mass. App. Ct. 137, 144-45 (2016), and deleting reference to belief being "reasonable," see Commonwealth v. Liebenow, 470 Mass. 151, 157 (2014).

  • 8.260 ("Wanton Destruction of Property"), deleting reference to "immediate" in explanation of wanton conduct, as well as non-substantive corrections to the language.

  • 8.280 ("Wilful and Malicious Destruction of Property"), replacing "owner of the property" to "another." See Commonwealth v. Chambers, 90 Mass. App. Ct. 137, 144-45 (2016).

  • 9.240 ("Necessity"), reformatting to frame in terms of Commonwealth's burden with no substantive changes, and updated notes to reflect Commonwealth v. Magadini, 474 Mass. 593, 597-602 (2016)

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2017 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: July 2016

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The District Court Committee on Criminal Proceedings has created the following new instructions:

  • 1.270 ("Use of an Interpreter")

  • 8.250 ("Vandalism")

  • 9.250 ("Parental Discipline")

  The Committee has also revised the following instructions:

  • 5.180 ("Leaving the Scene of an Accident Involving Property Damage"), making minor changes to the language to accord with Instruction 5.190.

  • 5.190 ("Leaving the Scene of an Accident Involving Personal Injury"), making non-substantive corrections to the language of the instruction.

  • 6.140 ("Assault and Battery"), to explain to the jury the concept of an offensive touching.

  • 6.275 ("Assault and Battery on Family or Household Member"), to explain to the jury the concept of an offensive touching.

  • 6.600 ("Annoying and Accosting Persons"), to reflect the deletion of the requirement that the victim be of the opposite sex of the defendant, St. 2014, c. 417.

  • 7.220 ("Escape"), adding language regarding failing to return from temporary release. See Commonwealth v. Porter , 87 Mass. App. Ct. 676, 678-82, rev. denied , 473 Mass. 1103 (2015).

  • 7.620 ("Possession of a Firearm"), adding a supplemental instruction regarding the defense of an expired license. See Commonwealth v. Indrisano , 87 Mass. App. Ct. 709, 716-17 (2015).

  Also included are two new instructions created by the Supreme Judicial Court's Standing Committee on Eyewitness Identification:

  • 1.340 ("Preliminary Identification Instruction")

  • 9.160 ("Identification")

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2016 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2014

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The Committee has created the following new instructions:

  • 5.520 ("Failure to Have Ignition Interlock Device")

  • 5.530 ("Disabling an Ignition Interlock Device")

  • 7.210 ("Wilful Interference with a Fire Fighting Operation")

  • 7.270 ("Cruelty to Animals")

  • 7.410 ("Furnishing Alcohol to a Minor")

  • 7.630 ("Improper Storage of a Firearm")

  The Committee has also revised the following instructions:

  • 3.820 ("Unrecord Custodial Interrogation"), adding language approved in Commonwealth v. Rousseau , 465 Mass. 372, 392–393 (2013), regarding evaluating the lack of a recording in light of any opportunity to record the interrogation that the defendant declined.

  • 4.120 ("Attempt"), deleting the third element (failure to complete the crime) in light of recent cases omitting this as a required element. See Commonwealth v. Rivera , 460 Mass. 139, 142 (2011); Commonwealth v. Sullivan , 84 Mass. App. Ct. 26, 27, rev. granted limited to other issues , 466 Mass. 1109 (2013).

  • 5.190 ("Leaving the Scene of an Accident Involving Personal Injury not Resulting in Death"), collapsing the old third and fourth elements (causing injury and knowing the defendant caused injury) into one element ("knowingly collided with or otherwise injured another person"), and adding a note explaining that the absence of death is not an element, both in accordance with Commonwealth v. Muir , 84 Mass. App. Ct. 635, 637–639 (2013).

  • 6.100 ("Affray"), adding language clarifying the meaning of fighting and conforming the third element to Commonwealth v. Nee , 83 Mass. App. Ct. 441, 447–448, rev. denied , 465 Mass. 1106 (2013), as well as adding notes regarding self-defense and sentencing.

  • 6.520 ("Indecent Assault and Battery on a Child Under Fourteen"), revising language regarding inability to consent to clarify that it remains the jury's role to determine whether the victim was under fourteen years of age at the time of the crime, as required by Commonwealth v. Dunton , No. 2012-P-1577, 2014 Mass. App. Unpub. LEXIS 20, 84 Mass. App. Ct. 1128 (Jan. 13, 2014) (unpublished), rev. denied , 467 Mass. 1106 (2014).

  • 6.600 ("Annoying and Accosting Persons of the Opposite Sex"), adding the requirement that the disorderly acts or language be sexual in nature, as required by Commonwealth v. Sullivan , 84 Mass. App. Ct. 26, 30, rev. granted , 466 Mass. 1109 (2013).

  • 6.740 ("Violation of a Harassment Prevention Order"), amending the supplemental instruction on the meaning of "harass" to reflect St. 2010, c. 239, §§ 71–72, which changed statutory language regarding a "mentally retarded person" to a "person with an intellectual disability."

  • 7.260 ("False Report of a Crime"), omitting needless language and adding a citation to Commonwealth v. Saylor , 84 Mass. App. Ct. 346, 351–352 (2013).

  • 7.360 ("Intimidating a Witness, Juror, Court Official or Law Enforcement Office"), adding the theory of reckless interference with a court proceeding and reflecting the expansion of the crime to endeavors to interfere with certain civil proceedings enacted by the Legislature in St. 2010, c. 256, § 120. The instruction is also amended to reflect new statutory language specifically including certain specified electronic communications in the definition of "harass." St. 2010, c. 92, § 11. Finally, the instruction is amended to delete the theories of "harming" or "punishing" a criminal proceeding, in light of Commonwealth v. Hamilton , 459 Mass. 422, 436–437 (2011).

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2014 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: February 2013

  Dear Subscriber:

  Enclosed are new model jury instructions for use in criminal cases in Massachusetts District Court.

  Compiled through the efforts of the District Court Committee on Criminal Proceedings, this new material reflects the latest developments in the law. It contains revisions to Instructions 1.120, 2.320, 3.200, 3.600, 3.700, 5.180, 5.200, 5.400, 6.600, 6.640, 6.700, 6.740, 7.600, and 7.860, along with new Instructions numbered 1.130, 3.840, 5.190, 7.540, and 7.870.

  In an effort to clarify and improve the model instruction for OUI cases, the Committee has divided former Instruction 5.300 ("Operating under the Influence of Liquor or with .08% Blood Alcohol") into two separate and revised instructions: 5.300 ("Operating with a Blood Alcohol Level of .08% or Greater") and 5.310 ("Operating under the Influence of Intoxicating Liquor").

  The Committee has also created new verdict slips 5.301 and 5.311 for the revised OUI instructions, and revised verdict slips 5.501, 6.121, 6.141, 6.301, and 8.521.

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2013 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2011

  Dear Subscriber:

  Enclosed are new model jury instructions for use in criminal cases in Massachusetts District Court.

  Compiled through the efforts of the District Court Committee on Criminal Proceedings, this new material reflects the latest developments in the law. It contains revisions to Instructions 1.120, 2.540, 4.200, 5.180, 5.300, 6.121, 6.640, and 6.720, along with new Instructions numbered 3.760, 6.120, 6.140, 7.380 and 7.400. The Committee has added notes to Instructions 3.760, 6.120, and 7.380.

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2011 supplementary material for Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: February 2009

  Dear Subscriber:

  Enclosed is the 2009 edition of the model criminal jury instructions that have been issued by the Administrative Office of the District Court, Commonwealth of Massachusetts and are the same instructions as those referred to by judges of the District, Municipal and Juvenile Courts.

  This 2009 edition, which features an Introduction by Chief Justice Lynda M. Connolly, provides Massachusetts lawyers with the only official pattern jury instructions in Massachusetts. Inside you will find

  • "Plain English" instructions, along with supplemental instructions and notes to aid you in your drafting.

  • Three new model instructions, covering Subsequent Offense, Failing to Register as a Sex Offender, and Giving a False Name upon Arrest.

  • Thirty-six revised model instructions.

  • Updated notes that reflect recent legal developments.

  • A checklist of instructions either required or affirmatively recommended by appellate courts.

  • A useful chart offering suggested dialogues for sentencing.

  • An alphabetical index and conversion chart to aid you in referring to renumbered instructions.

  We at MCLE trust that you will find this new 2009 edition to be indispensable in your criminal law practice and valuable in your law library.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 1 expand

Homicide in Massachusetts: An Introduction

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Patrick Levin, Esq., Committee for Public Counsel Services

Exhibit 1A

- Sentencing Chart for Types of Homicides Buy Form

Exhibit 1B

- Life Felonies Buy Form

Chapter 2 expand

Jury Instructions on Homicide

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Chapter 3 expand

Prearraignment Issues

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Martin F. Murphy, Esq.,

Chapter 4 expand

Crime Scene Investigation

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Kelli L. Porges, Esq., Iglehart & Porges

Chapter 5 expand

Criminalistics

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Adrienne C. Lynch, Esq., Middlesex Superior Court, Commonwealth of Massachusetts

Chapter 6 expand

Pretrial Conference: Specific Requests

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Hon. Connor M. Barusch, Boston Municipal Court, Commonwealth of Massachusetts
Cathleen L. Bennett, Esq.,

Checklist 6.1

- Pretrial Conference Checklist Buy Form

Exhibit 6A

- Motion for Discovery of Informant Buy Form

Exhibit 6B

- Motion for List of Witnesses and Other Information Buy Form

Exhibit 6C

- Motion for Court Activity Record Information Buy Form

Exhibit 6D

- Motion for Discovery of Prospective Expert Testimony Buy Form

Exhibit 6E

- Motion to Preserve Evidence Buy Form

Exhibit 6F

- Motion for Exculpatory Evidence: Details of Interviews with Witness—Child Buy Form

Exhibit 6G

- Motion for Preservation of and Access to Physical Evidence Buy Form

Exhibit 6H

- Motion for List of Persons Present Buy Form

Exhibit 6I

- Motion for Disclosure of Identification Procedures Buy Form

Exhibit 6J

- Motion for Information Regarding History of Drug and Alcohol Abuse of Any Commonwealth Witness Buy Form

Exhibit 6K

- Motion for Rewards, Promises, and Inducements Buy Form

Exhibit 6L

- Motion for Discovery of Exculpatory Evidence: Inconsistent Statements Buy Form

Exhibit 6M

- Motion for Disclosure of Prior and Subsequent Bad Acts Buy Form

Exhibit 6N

- Motion for Medical Examiner’s File Buy Form

Exhibit 6O

- Motion for Production of Department of Children and Families Records Buy Form

Exhibit 6P

- Motion for Production of School Records Buy Form

Exhibit 6Q

- Motion for Production of Police Reports Buy Form

Exhibit 6R

- Motion for Disclosure and Production Buy Form

Exhibit 6S

- Motion for Bill of Particulars Buy Form

Chapter 7 expand

General Tactical Considerations in the Multidefendant Case

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Michael S. Hussey, Esq.,

Checklist 7.1

- Information to Gather and Review in Preparation for Cross-Examination of a Cooperating Codefendant Buy Form

Chapter 8 expand

Bruton Issues, Severance, and Extrajudicial Codefendant Statements

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Carolyn I. McGowan, Esq., Committee for Public Counsel Services

Chapter 9 expand

Trial Motions in Murder Cases

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Joanne M. Daley, Esq., Federal Public Defender Office

Exhibit 9A

- Motion for a View Buy Form

Exhibit 9B

- Motion in Limine to Sequester Witnesses Buy Form

Exhibit 9C

- Motion in Limine Regarding Reference to Decedent as “Victim” Buy Form

Exhibit 9D

- Defendant’s Motion in Limine to Exclude References to Gang Membership Buy Form

Exhibit 9E

- Motion in Limine to Exclude “Gang” Terminology Buy Form

Exhibit 9F

- Motion in Limine to Prohibit Decedent’s Family from Testifying Buy Form

Exhibit 9G

- Motion in Limine to Exclude References to the Defendant’s Alleged Nickname Buy Form

Exhibit 9H

- Motion in Limine Regarding Prior Police Contact with the Defendant Buy Form

Exhibit 9I

- Motion in Limine for Exculpatory Change in Witness Testimony Buy Form

Chapter 10 expand

Forensic Evidence Issues

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Larry R. Tipton, Esq., Tipton Law

Checklist 10.1

- Forensic Toxicology Discovery Checklist Buy Form

Exhibit 10A

- Defendant’s Motion for Discovery of Medical Examiner’s Investigation and Manila Folder Buy Form

Exhibit 10AA

- Brain Slides Diagram Form Buy Form

Exhibit 10B

- Letter from Office of the Chief Medical Examiner (OCME) to Legislature January 13, 2017 and Official Audit Report August 11, 2017 Buy Form

Exhibit 10BB

- Spinal Cord / Brain Diagram Form Buy Form

Exhibit 10C

- Example Medical Examiner Policy and Procedure Manual Buy Form

Exhibit 10CC

- Skull Diagram Form Buy Form

Exhibit 10D

- Report of Investigation by Medical Examiner Buy Form

Exhibit 10DD

- Head/Chin Diagram Form Buy Form

Exhibit 10E

- Preliminary Autopsy Notes Buy Form

Exhibit 10EE

- Face: Four Views: Diagram Form Buy Form

Exhibit 10F

- OCME Case Report Buy Form

Exhibit 10FF

- Infant Full Body Diagram Form Buy Form

Exhibit 10G

- Medical Examiner’s Toxicology Request Form Buy Form

Exhibit 10GG

- Front and Side Full Body Diagram Form Buy Form

Exhibit 10H

- Medical Examiner’s Toxicology Request Form Buy Form

Exhibit 10HH

- Neuropathology Consultation Worksheet Buy Form

Exhibit 10I

- Toxicology Inquiry Form Buy Form

Exhibit 10II

- Cardiovascular Pathology Consultation Worksheet Buy Form

Exhibit 10J

- Statement of Identification Form Buy Form

Exhibit 10JJ

- Report of Fetal Death Buy Form

Exhibit 10K

- Standard Certificate of Death Buy Form

Exhibit 10KK

- Example Report of Child(ren) Alleged to Be Suffering from Abuse or Neglect Buy Form

Exhibit 10L

- Certified Cause of Death Form Buy Form

Exhibit 10LL

- Elder Abuse Mandated Reporter Form Buy Form

Exhibit 10M

- Request for Autopsy Report / Death Certificate Instructions Buy Form

Exhibit 10MM

- Communicable Disease Form Buy Form

Exhibit 10N

- OCME Examination Attendance Log Buy Form

Exhibit 10O

- Referral to the OCME by Physician Buy Form

Exhibit 10P

- Autopsy Report Buy Form

Exhibit 10Q

- Chain-of-Custody Form Buy Form

Exhibit 10R

- Request for the Examination of Physical Evidence Buy Form

Exhibit 10S

- Physical Evidence from Body Receipt Form Buy Form

Exhibit 10T

- Special Histology Request Form Buy Form

Exhibit 10U

- Full Body Examination Diagram Forms Buy Form

Exhibit 10V

- Full Body Measurement Forms Buy Form

Exhibit 10W

- Left Hand Diagram Form Buy Form

Exhibit 10X

- Both Hands and Palms Diagram Form Buy Form

Exhibit 10Y

- Side Diagram Form Buy Form

Exhibit 10Z

- Cranium/Brain Diagram Form Buy Form

Chapter 11 expand

Evidentiary Issues

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Joanne M. Daley, Esq., Federal Public Defender Office

Chapter 12 expand

Mental Health Issues

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Paul R. Rudof, Esq., Strehorn, Ryan, & Hoose
Larry R. Tipton, Esq., Tipton Law

Exhibit 12A

- Ex Parte Motion for Funds for Psychologist Buy Form

Exhibit 12B

- Ex Parte Motion to Impound Motions for Funds and Accompanying Affidavits Buy Form

Exhibit 12C

- Defendant’s Motion to Compel Government to Furnish Evidence Used to Cross-Examine Experts Buy Form

Exhibit 12D

- Defendant’s Notice of Defense of Lack of Criminal Responsibility Buy Form

Exhibit 12E

- Defendant’s Motion for Disclosure of Commonwealth’s Experts’ Opinions and Diagnosis Buy Form

Exhibit 12F

- Memorandum Supporting Defendant’s Motion for Disclosure of Commonwealth’s Experts’ Opinions and Diagnosis Buy Form

Chapter 13 expand

Grand Jury Practice

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Mark W. Bennett, Esq., Mark W. Bennett, Attorney At Law
Philip A. Burr, Esq., Norfolk District Attorney's Office, Commonwealth of Massachusetts
Gregory P. Connor, Esq., Norfolk District Attorney's Office, Commonwealth of Massachusetts

Chapter 14 expand

Voir Dire Issues

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Matthew J. Fleischner, Esq., Committee for Public Counsel Services
Hon. Mary-Lou Rup, Bulkley, Richardson and Gelinas LLP

Checklist 14.1

- Voir Dire Issues Buy Form

Exhibit 14A

- Superior Court Rule 6: Jury Selection Buy Form

Exhibit 14B

- Superior Court Voir Dire—A Procedural Overview Buy Form

Exhibit 14C

- Defendant’s Motion for Examination of Jurors Buy Form

Exhibit 14D

- Supporting Affidavit of Counsel Buy Form

Exhibit 14E

- Motion for Attorney-Conducted (Panelor Individual) Voir Dire Buy Form

Exhibit 14F

- Sample Prosecution Motion for Voir Dire Buy Form

Chapter 15 expand

Juvenile Offenders

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Barbara T. Kaban, Esq.,
Wendy Wolf, Esq., Committee for Public Counsel Services, Youth Advocacy Division

Chapter 16 expand

Forensic DNA Issues

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Hon. Ira L. Gant, Plymouth Superior Court, Commonwealth of Massachusetts

Exhibit 16A

- Image of Twenty-Three Pairs of Chromosomes Buy Form

Exhibit 16B

- Illustration of Double-Helix Structure of DNA Buy Form

Exhibit 16C

- Defendant’s Motion for DNA Discovery Buy Form

Exhibit 16D

- Thirteen CODIS Core STR Loci with Chromosomal Positions Buy Form

Exhibit 16E

- Example of Electropherogram Buy Form

Exhibit 16F

- Sample DNA Lab Report (STR Analysis) Buy Form

Exhibit 16G

- Sample DNA Lab Report (Y-STR Analysis) Buy Form

Exhibit 16H

- Sample DNA Lab Report (Mitochondrial DNA Analysis) Buy Form

Exhibit 16I

- Commonwealth’s Motion to Compel Defendant to Provide DNA Sample Buy Form

Exhibit 16J

- Defendant’s Opposition to Compelled DNA Submission Buy Form

Exhibit 16K

- Defendant’s Motion for Funds for DNA Expert Buy Form

Exhibit 16L

- Defendant’s Motion for Funds for DNA Expert to Observe Testing Buy Form

Exhibit 16M

- Sample Exhaustive DNA Testing Authorization Form Buy Form

Chapter 17 expand

Production of Third-Party Records

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Julie A. Buszuwski, Esq., Committee for Public Counsel Services
Sandra Gant, Esq., Federal Public Defender Office

Exhibit 17A

- Motion to Expand Protective Order to Allow Copies of Privileged Records to Be Made Available to Counsel and His Expert Buy Form

Exhibit 17B

- Motion Pursuant to Commonwealth v. Dwyer to Permit Defense Counsel to Admit into Evidence Psychiatric Record of Alleged Victim Buy Form

Exhibit 17C

- Motion for Production of Mobile Data Terminal Records Buy Form

Exhibit 17D

- Motion for Court Summons of Internal Affairs Documents Buy Form

Exhibit 17E

- Motion for Production of Surveillance Video Buy Form

Exhibit 17F

- Motion for Court Order to Permit Defense Counsel and Investigator to View, Measure, and Photograph Crime Scene Buy Form

Exhibit 17G

- Motion to Order Employer to Comply with Rule 17(a)(2) Summons, or for Show Cause Hearing Buy Form

Exhibit 17H

- Sample Public Records Request Buy Form

Exhibit 17I

- Sample Appeal of Public Records Request Denial Buy Form

Exhibit 17J

- Sample FOIA Request Buy Form

Appendix

Gathering Facts

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Editor(s)

Author(s)