Trying Sex Offense Cases in Massachusetts
A comprehensive guide to a challenging practice
- Product Number: 2224311WFM
- Publication Date: 5/23/2022
- Edition: 3rd Edition 2017, with 2020 & 2022 Supplements
- Copyright: © 2022 MCLE, Inc.
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Product Description
Product Description
This focused practice manual is a guide to the substantive law, procedural requirements, and practical strategies necessary for handling sex offense cases. It addresses topics as they arise during the course of the lawyer's development of the case, from the essential elements of the prosecution's case-in-chief through the collateral consequences of a conviction. Applicable statutes, available defenses, investigation and discovery, pretrial motions, voir dire, and trial issues are all addressed in detail.
Recent updates:
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Update: May 2022
Dear Subscriber:
Thank you for updating your reference library with the 2022 supplement to Trying Sex Offense Cases in Massachusetts .
Highlights of the new content in this supplement include
- fresh perspectives from nine new contributing authors;
- a completely revamped chapter on defenses to charges of sexual assault and other sexual crimes (see chapter 2);
- new materials on the production of third-party records (see chapter 5);
- an updated explanation of how to understand DNA and DNA testing procedures (see chapter 7); and
- new tips for effective cross-examination (see chapter 14).
We trust you will find Trying Sex Offense Cases in Massachusetts a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.
Cordially,
Alexis J. LeBlanc, Esq., MCLE Publications Attorney
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Update: March 2020
Dear Subscriber:
Thank you for updating your reference library with the 2020 supplement to Trying Sex Offense Cases in Massachusetts .
Highlights of the updates in this supplement include
- new materials on affirmative defenses, including required notice and procedures when the defendant intends to rely on an alibi or a mental health issue (see Chapter 4);
- a detailed explanation of how to understand DNA and DNA testing procedures (see Chapter 7);
- a completely revised chapter on selection of jurors in sexual offense cases and attorney-conducted voir dire (see Chapter 8); and
- new guidance for representing juvenile defendants in light of the Supreme Judicial Court's 2018 decision in Commonwealth v. Wilbur W. (see Chapter 11).
We trust you will find Trying Sex Offense Cases in Massachusetts a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.
Cordially,
Alexis J. LeBlanc, Esq., MCLE Publications Attorney
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Update: December 2017
Dear Subscriber:
Thank you for updating your reference library with the 2017 edition of Trying Sex Offense Cases in Massachusetts .
Now under the editorial direction of Julie Buszuwski of the Committee for Public Counsel Services, highlights of the updates in this revision include
- an updated, clear overview of the criminal statutes applicable to sex offenses in Massachusetts (see Chapter 1);
- a new chapter on the Dwyer protocol (see Chapter 5);
- new materials explaining DNA evidence (see Chapter 7); and
- the latest information to help you advise your client on the immigration consequences of sex offense convictions (see Chapter 19).
We trust you will find Trying Sex Offense Cases in Massachusetts a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.
Cordially,
Alexis J. LeBlanc, Esq., MCLE Publications Attorney
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Update: May 2022
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Table of Contents
Table of Contents
expand allChapter 1 expandStatutes, Elements, and Penalties
Buy ChapterChapter 2 expandDefenses to Charges of Sexual Assault and Other Sexual Crimes
Buy ChapterChapter 3 expandDiscovery and Investigation in Sex Offense Cases
Buy ChapterChecklist 3.1
- Checklist for Discovery and Investigation in Sex Offense Cases Buy FormExhibit 3A
- Motion to Preserve Evidence Buy FormExhibit 3B
- Letter to Police Regarding Client Representation Buy FormExhibit 3C
- Motion for Exculpatory Evidence: Details of Interviews with Alleged Victim—Child Buy FormExhibit 3D
- Motion for Preservation of and Access to Physical Evidence Buy FormExhibit 3E
- Motion for List of Persons Present Buy FormExhibit 3F
- Motion for Statements of Complaining Witness (Adult) Buy FormExhibit 3G
- Motion for Discovery of Exculpatory Evidence: Inconsistent Statements Buy FormExhibit 3H
- Motion for Exculpatory Evidence: Prior Complaints (Adult) Buy FormExhibit 3I
- Motion for Exculpatory Evidence: Prior Complaints (Child) Buy FormExhibit 3J
- Motion for Disclosure and Production of Medical Records Buy FormExhibit 3K
- Motion for Production of School Records Buy FormExhibit 3L
- Motion for Production of Police Reports and Supporting Statements Buy FormExhibit 3M
- Motion for Discovery of Prospective Expert Testimony Buy FormExhibit 3N
- Motion for Disclosure of Prior and Subsequent Bad Acts Buy FormExhibit 3O
- Motion for Bill of Particulars Buy FormExhibit 3P
- Motion for Production of 51A and 51B Department of Children and Families Records Buy FormExhibit 3Q
- Affidavit in Support of Motion for Exculpatory Evidence: DCF Records Buy FormExhibit 3R
- Motion for Psychiatric History of Complaining Witness Buy FormExhibit 3S
- Motion for Rewards, Promises, and Inducements Buy FormExhibit 3T
- Motion for Disclosure of Identification Procedures Buy FormExhibit 3U
- Motion for Information Regarding History of Drug and Alcohol Abuse of Any Commonwealth Witness Buy FormExhibit 3V
- Affidavit in Support of Defendant’s Motion for Information Buy FormExhibit 3W
- Motion for Discovery of Exculpatory Evidence: Media or Print Materials Buy FormExhibit 3X
- Motion for Expenses Buy FormExhibit 3Y
- Affidavit in Support of Motion for Expenses Buy FormExhibit 3Z
- Motion for Victim Witness Advocate Reports Buy FormChapter 4 expandAffirmative Pretrial Motions
Buy ChapterChecklist 4.1
- Checklist for Affirmative Pretrial Motions Buy FormExhibit 4A
- Opposition to Commonwealth’s Motion for an Order Compelling Defendant to Provide a DNA Sample by Means of a Buccal Swab (Sample Previously Taken) Buy FormExhibit 4B
- Motion in Opposition to Compelled Submission to Oral Swabbing Buy FormExhibit 4C
- Motion for Production of Hospital Records in a Sexual Assault Case Buy FormExhibit 4D
- Baxter Motion Buy FormExhibit 4E
- Motion in Limine to Exclude Proposed Expert Testimony: Characteristics of Child Sex Abuse and “Delayed Disclosure” Buy FormExhibit 4F
- Motion to Admit Evidence of Alleged Victim’s Sexual Conduct with Defendant Pursuant to G.L. c. 233, § 21B (Rape Shield Statute) and Supporting Affidavit Buy FormExhibit 4G
- Motion Pursuant to G.L. c. 233, § 21B (Rape Shield Statute) re: Evidence of Physical Condition of Victim–Victim’s Sexual Conduct and Supporting Affidavit Buy FormExhibit 4H
- Ruffen Motion Buy FormExhibit 4I
- Pyne Motion Buy FormExhibit 4J
- Motion Pursuant to Commonwealth v. Dwyer to Permit Defense Counsel to Admit into Evidence the “Psych Consult” of Alleged Victim Buy FormChapter 5 expandProduction of Third-Party Records
Buy ChapterExhibit 5A
- Motion to Expand Protective Order to Allow Copies of Privileged Records to Be Made Available to Counsel and His Expert Buy FormExhibit 5B
- Motion Pursuant to Commonwealth v. Dwyer to Permit Defense Counsel to Admit into Evidence Psychiatric Record of Alleged Victim Buy FormExhibit 5C
- Motion for Production of Mobile Data Terminal Records Buy FormExhibit 5D
- Motion for Court Summons of Internal Affairs Documents Buy FormExhibit 5E
- Motion for Production of Surveillance Video Buy FormExhibit 5F
- Motion for Court Order to Permit Defense Counsel and Investigator to View, Measure, and Photograph Crime Scene Buy FormExhibit 5G
- Motion to Order Employer to Comply with Rule 17(a)(2) Summons, or for Show Cause Hearing Buy FormExhibit 5H
- Sample Public Records Request Buy FormExhibit 5I
- Sample Appeal of Public Records Request Denial Buy FormExhibit 5J
- Sample FOIA Request Buy FormChapter 6 expandSpecific Issues with Child Complainants
Buy ChapterChecklist 6.1
- Checklist of Special Issues with Child Complainants in Sex Offense Cases Buy FormExhibit 6A
- Motion for Exculpatory Evidence: Details of Interviews with the Child Buy FormExhibit 6B
- Motion for Information Regarding the Qualifications of Any Commonwealth Witnesses Who Interviewed the Child Buy FormExhibit 6C
- Motion for Preservation of, and Access to, the Physical Evidence Buy FormExhibit 6D
- Motion to Have Any Subsequent Interviews of the Complainant Videorecorded Buy FormExhibit 6E
- Motion for a Pretrial Taint Hearing and Affidavit in Support Buy FormExhibit 6F
- Motion in Limine Regarding Commonwealth Expert Testimony on the Dynamics of Child Sexual Abuse and a Request for a Voir Dire Hearing on the Reliability of the Testimony Buy FormExhibit 6G
- Memorandum in Support of the Defendant’s Motion in Limine Regarding Commonwealth Expert Testimony on the Dynamics of Child Sexual Abuse Buy FormExhibit 6H
- Motion for Voir Dire Hearing Regarding Commonwealth Expert Witnesses Buy FormExhibit 6I
- Motion in Limine Regarding Commonwealth’s Expert Testimony on the Lack of Physical Trauma to the Child Complainant Buy FormExhibit 6J
- Required Reading Concerning the Suggestibility of Children and Flawed Interview Techniques Buy FormExhibit 6K
- Quotations and References from Learned Treatises for Use in Cross-Examination of Psychological Expert in Child Abuse Case Buy FormExhibit 6L
- Quotations and References from Learned Treatises for Use in Cross-Examination of Medical Doctor in Child Abuse Case Buy FormChapter 7 expandForensic Evidence
Buy ChapterChecklist 7.1
- Forensic Evidence Checklist for Defense Counsel Buy FormExhibit 7A
- Protocol for Adult/Adolescent SANEs: Section I (Introduction) and Section IX: SANE Forensic Examination Buy FormExhibit 7B
- Sexual Assault Kits and Forensics Buy FormExhibit 7C
- Websites for Research on Sexual Abuse of Children Buy FormExhibit 7D
- Reference Authorities: Forensic Evidence in Sex Offense Cases Buy FormExhibit 7E
- Flow Chart of Sperm Life Buy FormExhibit 7F
- Useful Websites for Research and Statistics on Sexual Assault Buy FormExhibit 7G
- Sample Motion for Funds for DNA Expert Buy FormExhibit 7H
- Sample Commonwealth Motion to Compel Defendant to Provide Buccal Swab Buy FormExhibit 7I
- Sample Defendant’s Opposition to Commonwealth’s Motion to Compel Defendant to Provide a DNA Sample by Means of a Buccal Swab Buy FormExhibit 7J
- Representation of the Twenty-Three Pairs of Chromosomes Buy FormExhibit 7K
- Artistic Rendition of Paired Chromosome, DNA Structure, and Base Pairs Buy FormExhibit 7L
- Sample Motion for DNA Discovery Buy FormExhibit 7M
- Table Showing Approximate Location of Each Locus Among the Chromosomes Buy FormExhibit 7N
- Example of Electropherogram Buy FormExhibit 7O
- Sample DNA Report Buy FormChapter 8 expandVoir Dire Issues
Buy ChapterChecklist 8.1
- Checklist of Voir Dire Issues Buy FormExhibit 8A
- Superior Court Rule 6: Jury Selection Buy FormExhibit 8B
- Superior Court Voir Dire—A Procedural Overview Buy FormExhibit 8C
- Defendant’s Motion for Examination of Jurors Buy FormExhibit 8D
- Sample Prosecution Motion for Voir Dire Questions Buy FormExhibit 8E
- Motion for Attorney-Conducted [Panel or Individual] Voir Dire Buy FormChapter 9 expandIssues Pertaining to the Complainant at Trial
Buy ChapterChecklist 9.1
- Defense Counsel’s Checklist of Issues Pertaining to the Complainant at Trial in a Sex Offense Case Buy FormExhibit 9A
- Motion to Admit Evidence Pursuant to G.L. c. 233, § 21B Buy FormExhibit 9B
- Juvenile’s Motion to Admit Evidence Pursuant to G.L. c. 233, § 21B Buy FormExhibit 9C
- Juvenile’s Motion in Limine Buy FormExhibit 9D
- Motion to Admit Evidence of False Allegations of Rape Buy FormExhibit 9E
- Motion for Exculpatory Evidence Buy FormExhibit 9F
- Motion to Admit Evidence Buy FormExhibit 9G
- Motion for Hearing Concerning Witnesses Buy FormChapter 10 expandIssues Pertaining to the Adult Defendant at Trial
Buy ChapterChecklist 10.1
- Checklist of Issues for Representing an Adult Sex Offense Defendant at Trial Buy FormChapter 11 expandIssues Pertaining to the Juvenile Defendant at Trial
Buy ChapterChecklist 11.1
- Checklist for Attorneys Representing Juveniles Charged with Sex Offenses Buy FormChecklist 11.2
- Checklist for Persons Adjudicated Delinquent or Youthful Offender Who Must Register as a Sex Offender Buy FormExhibit 11A
- Juvenile’s Motion to Dismiss Rape of a Child and Indecent Assault and Battery on a Child Charges Buy FormExhibit 11B
- Juvenile’s Memorandum in Support of Motion to Dismiss Based on Right to Privacy, Equal Protection, and Selective Prosecution Buy FormExhibit 11C
- Juvenile’s Memorandum in Support of Motion to Dismiss Based on Cruel and Unusual Punishment, Right to Privacy, and Due Process Buy FormExhibit 11D
- Juvenile’s Memorandum in Support of Motion to Dismiss Based on Vagueness and Ambiguity of Statute and Public Policy Buy FormExhibit 11E
- Motion to Dismiss Sex Offense Charged Based on Failure to Establish Infliction or Threatening of Serious Bodily Harm Buy FormExhibit 11F
- Suggested Adolescent-Specific Language for Jury Instructions Buy FormChapter 12 expandFirst Complaint Issues at Trial
Buy ChapterChecklist 12.1
- Checklist of First Complaint Issues Buy FormExhibit 12A
- Defendant’s Motion In Limine to Limit Proposed “First Complaint” Testimony and Request for Limiting Instruction Buy FormExhibit 12B
- Defendant’s Motion In Limine Opposing Commonwealth’s Motion to Substitute First Complaint Witness Buy FormExhibit 12C
- Juvenile’s Motion In Limine to Limit First Complaint Testimony and Request for Limiting Instruction Buy FormChapter 13 expandExperts for Prosecution and Defense
Buy ChapterChecklist 13.1
- Checklist for Consideration of Experts in a Sex Offense Trial Buy FormChapter 14 expandCross-Examination Examples in Sexual Assault Cases
Buy ChapterChecklist 14.1
- Checklist for Cross-Examination in a Sexual Assault Case Buy FormExhibit 14A
- Cross-Examination of Complainant in a Consent Defense Case Buy FormExhibit 14B
- Sample Examination of Police Criminalist Regarding Rape Kit and Secretor Status Buy FormExhibit 14C
- Sample Cross-Examination of a Criminalist Regarding Whether There Was Any Sexual Activity at All and, If So, the Identifying Markers of the Assailant Buy FormExhibit 14D
- Suggested Cross-Examination Areas for the Medical Personnel Initially Treating a Patient Complaining of Sexual Assault Buy FormExhibit 14E
- Sample Motion for Leave to Subpoena Treatment Records Pursuant to Commonwealth v. Lampron Buy FormExhibit 14F
- Sample Discovery Motion Buy FormExhibit 14G
- Sample Motion in Limine to Admit Specific Act(s) of Sexual Conduct by the Complaining Witness Buy FormChapter 15 expandMotions in Limine
Buy ChapterChecklist 15.1
- Checklist of Motions in Limine in a Sexual Assault Case Buy FormExhibit 15A
- Motion to Exclude Defendant’s Prior Convictions Buy FormExhibit 15B
- Motion to Preclude Reference to Complainant as “Victim” Buy FormExhibit 15C
- Motion to Exclude Prior Bad Act Evidence Buy FormExhibit 15D
- Motion for Voir Dire of Expert Buy FormExhibit 15E
- Motion for Voir Dire of Therapist Buy FormExhibit 15F
- Motion to Limit Expert Testimony Buy FormExhibit 15G
- Motion to Permit Introduction of Evidence Obtained from Privileged Records Buy FormExhibit 15H
- Motion to Release Records from Terms of Protective Order Buy FormExhibit 15I
- Motion for Competency Hearing of Child Witness Buy FormExhibit 15J
- Motion to Preclude “Missing Witness” Inference Buy FormExhibit 15K
- Motion to Sequester Witnesses Buy FormExhibit 15L
- Motion to Amend Protective Order Regarding Presumptively Privileged Records Buy FormExhibit 15M
- Motion in Limine for Revised First Complaint Instruction Buy FormExhibit 15N
- Motion in Limine to Restrict Testimony Regarding Investigative Process Buy FormExhibit 15O
- Motion in Limine to Exclude Admission of Defendant’s Silence Buy FormChapter 16 expandImproper Closing Arguments
Buy ChapterChecklist 16.1
- Checklist of Improper Closing Arguments Buy FormChapter 17 expandJury Instructions
Buy ChapterChecklist 17.1
- Checklist for Jury Instructions in a Sexual Assault Case Buy FormChapter 18 expandCollateral Consequences of Sex Offense Convictions or Adjudications
Buy ChapterChapter 19 expandImmigration Consequences of Massachusetts Sex Offenses
Buy Chapter - Editors & Authors