MACDL President Victoria Kelleher testified on October 8, 2019 on behalf of MACDL before the Legislative Committee in support of H3358/S826, An Act to Reduce Mass Incarceration, which would permit a parole hearing for prisoners serving life in prison after 25 years. Her testimony focused on (1) the negligible difference between first degree murder, which carries a mandatory sentence of life without the […]
MACDL, the ACLU of Massachusetts, the Electronic Frontier Foundation, and the Committee for Public Counsel Services have submitted a brief on cutting-edge Fourth Amendment issues in Commonwealth v. McCarthy, SJC-12750. The brief attacks the rapidly expanding and largely unfettered use of Automated License Plate Readers (ALPRs) by law enforcement in the Commonwealth and across the country. In the absence of ANY legislation regulating the use of ALPRs […]
BOSTON, September 9, 2019 – The ACLU and the Massachusetts Association of Criminal Defense Lawyers (MACDL) are urging the Supreme Judicial Court to dismiss a charge against a demonstrator arrested at the “Straight Pride Parade.” The ACLU of Massachusetts and MACDL today submitted a “friend-of-the-court” brief in support of the Commonwealth’s attempt to end this case.
Thirty-six people were arrested by Boston police during the “Straight Pride Parade” and counter-protests on […]
In Fernandes the SJC partially extended its past decision in Commonwealth v. Walczak, and required the Commonwealth to provide legal instructions to grand juries in adult murder cases when the case involves substantial evidence of a complete defense to the murder charge. It further acknowledged that “it is generally advisable for prosecutors to instruct grand juries on the elements of lesser offenses and defenses whenever such instructions would help […]