What's New

2019

8/18/19: The chapter on "Motor Vehicle Law" has been revised to update subscribers on, among other developments in the law, the Alcotest 9510 breathalyzer, motor vehicle citations, and the offenses of operating to endanger and operating under the influence of marijuana or other narcotic drugs.

8/15/19: The chapter on "Searches with Warrants" has been revised to reflect new developments in the law regarding searches of smart phones and computers, uses of informant information, staleness, and appeals of adverse suppression decisions, among other topics.

8/13/19: The chapters on Procedure have been updated to reflect developments in the law on topics as diverse as gang affiliation evidence used to prove motive, public records access, the right of confrontation, and juvenile sentencing.

8/11/19: The chapter on "Identification Evidence" has been substantially revised by Judge Stearns to incorporate recent developments in the the law regarding social media authentication, post-conviction DNA testing, photo identifications, opinion testimony, and the forfeiture doctrine, among other topics.

8/7/19: The "Firearms Offenses" chapter has been updated to incorporate important new cases discussing firearms licensing and the Armed Career Criminal Act, among other topics.

5/30/19: The chapter on "Indecent Assault and Battery" has been revised to incorporate important new cases on individualized juror voir dire, peremptory challenges, courtroom closures, and the withdrawal of consent in rape cases.

5/29/19: The chapters on District Court Procedure have been revised to incorporate new developments in the bail laws, the law of accomplice liability, and juvenile offender sentencing.

5/12/19: The chapters on Assault, Larceny, and Receiving Stolen Property have been revised and updated.

5/3/19: The chapter on "Search and Seizure" has been revised in light of important new SJC decisions discussing GPS technology, cell-phone tracking, probationer's rights, and strip searches, among other topics. The chapter on "Exigent Circumstances" has been revised to incorporate new cases illustrating the proper application of the doctrine.

5/1/19: The chapter on "Threshold Inquiries" has been revised to include, among other new cases, the holdings of Commonwealth v. Arias, 481 Mass. 604 (2019), which untangles the confusion between the emergency aid and exigent circumstances exceptions to the warrant requirement.

4/30/19: The chapter on "Assaults on Police; Police Misconduct" has been revised to reflect developments in the law regarding due process and qualified immunity, among other subjects.

3/14/19: The chapter on "Indecent Assault and Battery" has been revised to incorporate a number of new cases and statutory changes, including Commonwealth v. Williams, 481 Mass. 443 (2019), on jury voir dire, and Commonwealth v. Sherman, 481 Mass. 464 (2019), on the law of consent.

3/8/19: The chapter on "Battery" has been revised to incorporate case developments in the law governing reckless conduct, self-defense, transferred intent, and accident.

3/5/19: The section on bail in "Procedure 1" has been updated to reflect the Supreme Judicial Court's decision in Scione v. Commonwealth, 481 Mass. 225 (2019), striking down the residual clause of section 58A as unconstitutionally vague.

1/22/19: The chapter on "Domestic Abuse" has been updated to reflect new Appeals Court cases refining statutory terms and procedures, among them "stay away" orders and appellate review.

1/13/19: The discussion in Exigent Searches has been revised to note Commonwealth v. Alexis, an important expansion of the substantive protections against unreasonable searches and seizures guaranteed by art. 14 of the Declaration of Rights and a rejection of the United States Supreme Court's Fourth Amendment jurisprudence in Kentucky v. King.

2018

11/25/18: The discussion in Procedure 1 regarding the prosecutor's obligation to produce exculpatory evidence in a timely fashion has been revised to reflect the Supreme Judicial Court's powerful October 11, 2018 decision attempting to right the Amherst drug testing lab scandal, Committee for Public Counsel Services v. Attorney General.

9/7/18: The 38th Edition of the Guide is now online. This update incorporates significant developments in Massachusetts criminal law through August 31, 2018.

5/27/18: Massachusetts Prosecutors' Guide Online has been updated to reflect amendments made by the Massachusetts Criminal Justice Reform Act of 2018, signed by Governor Baker on April 13, 2018. This Act made significant changes in the areas of bail rules, solicitation of crimes, drug offense penalties (including those for school zone violations), operating under the influence penalties, motor vehicle homicide, witness intimidation, battery on police officers, thresholds for felony larceny and receiving stolen property, malicious mischief, and many more.

3/28/18: The Mid-Year Update to the 37th Edition of the Guide is now online. This update incorporates significant developments in Massachusetts criminal law through March of 2018.

2017

9/8/17: The 37th Edition of the Guide is now online. This update incorporates significant developments in Massachusetts criminal law through September 2, 2017.

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