Massachusetts courts decided long ago that where a possessory offense is charged, a defendant has automatic standing to challenge evidence. In a recent case, the Supreme Judicial Court seemed to pull back from that determination. In Commonwealth v. Tatum,
The Charge
The Charge, published by Victoria L. Nadel, focuses on Massachusetts criminal law with detailed analysis of court decisions and legal doctrines affecting criminal defense practice. Topics include possessory offenses and evidentiary standing, joint venture and accomplice liability theories, Fourth Amendment search and seizure issues, firearm possession laws, and constitutional questions related to federalism and civil rights enforcement. The blog also explores historical and political contexts influencing legal principles, such as Reconstruction-era amendments and their enforcement. It addresses mens rea and defenses like diminished capacity, illustrating how evolving case law impacts criminal intent and procedural rights. The content is aimed at practitioners interested in Massachusetts criminal procedure, constitutional law, and evidentiary challenges.
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The End of Joint Venture for Possessory Firearm Offenses: Commonwealth v. Humphries Exposes Theory Flaws
Massachusetts has developed a rather unusual approach to accomplice liability when the Commonwealth’s theory of the case is one of joint venture. Having torn down the distinction between principal and participant, joint venture allows the Commonwealth to convict an…
Dissolving Political Bands: How Federal Enforcement Powers Trump the Tenth Amendment
As this nation concludes the celebration of its birth 237 years ago, it also commemorates the sesquicentennial of two enormous events that advanced the opportunity for such celebration. One hundred and fifty years ago, General Grant accepted General Pemberton’s…
Political Last Will and Testament
How far back must we go to find our political will – to a place and time when democracy worked – when politics was able to advance the best interests of the people? Perhaps we must travel to a time…
Memorial Day Mentality
Crimes are comprised of action plus intent. We call the intent element, a factor the government must prove beyond a reasonable doubt, mens rea. Intent, like any other element of the offense must be proven beyond a reasonable doubt. …
Counsel for the Indigent: An Unfunded Mandate
The Sixth Amendment guarantees that, “[i]n all criminal prosecutions, the accused shall enjoy the
right… to have the assistance of counsel for his defense.” Over the course of constitutional time, deprivation of counsel to the indigent has been a non-issue,
right… to have the assistance of counsel for his defense.” Over the course of constitutional time, deprivation of counsel to the indigent has been a non-issue,
…