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 SJC discussed an interesting circumstance in which the police had a several active arrest
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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 individual involved – even if tangentially – in a criminal act regardless of whether there…
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 full surrender after the devastating siege at Vicksburg. While the terms included all munitions, out…
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 when those not yet enfranchised to vote and participate fully in their own government spoke…
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. In our society, we celebrate ordered liberty and chafe against a disordered mind, and therefore…
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, has amounted to both a 6th and 14th Amendment violation, and appears to be heading…