There are two types of robbery in Massachusetts. There is unarmed robbery and there is armed robbery. In order for a defendant to be convicted of any type of robbery, the defendant must have used force to take something from the victim and intended to keep the item. It seems pretty simple, but the difference between armed and unarmed robbery is the use of weapon. The much more difficult question is trying to decide what should be considered as a weapon. (picture taken by paintball-art)
At first look it may seem simple to determine what should qualify as a weapon for armed robbery. There are a lot of things that most reasonable people would agree are weapons. Some of these are the obvious weapons such as guns, knives, and explosives. These items are what most people would consider weapons. Whether these items are used in a threatening manner or not, most people would consider them dangerous items.
The second class of items may be less obvious, but most would agree that they could be used as a weapon. These items may include a brick, a piece of rope, or a screw driver. These items in themselves are not dangerous per say. Most people have bricks, rope and screw drivers lying in or outside of their houses. However, these items can be made into a weapon if a defendant holds a brick up over the victim’s head, wraps the rope around a victim’s neck or points a screw driver in the victim’s direction. Depending on the use of these items they could be considered a weapon. Most people would consider a gun on the ground a weapon, but a brick on the ground probably just a brick.
Finally, the grey area when it comes to what should qualify as a weapon when it comes to armed robbery. Should a shoe be considered a weapon? Should a defendant who is trained in martial arts fists be considered a weapon? The answer is that both a shoe and a person’s fists could be considered a weapon. A defendant can be charged with armed robbery if the defendant used a shoe in kicking the victim also known as shod foot in taking the item. The prosecutor could also argue that trained martial artists fists should also be considered as a weapon.
The idea of a weapon may seem simple at first blush, however, once you look at different scenarios what qualify as a weapon can vary. Most people would consider a defendant with explosives strapped to his chest demanding money armed robbery. The question is how many would consider a black belt karate defendant’s fists a weapon?
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Unlike the name implies, you do not have to kidnap children in order to be guilty of kidnapping. The crime of kidnapping occurs when a person forcibly confines or imprisons another against their will. In Massachusetts one can also be guilty of kidnapping by forcing another to leave the state itself. Usually, as shown in tv shows, when a person is kidnapped there is a demand for money, or a ransom to be paid, in order for the kidnapped person to be released. However, that is not an element of the crime. In other words, in Massachusetts one does not need to make any demand for money in order to be found guilty of kidnapping.
Because robbery requires the defendant to use some type of force to steal the item from the victim the penalties are very serious. The lawmakers wanted to make sure that the defendant would face serious penalties for using force against a victim. The amount of money that was taken or how much the item is worth is also irrelevant.
The Supreme Judicial Court, the highest court in Massachusetts essentially said that technology has changed and the courts needed to keep up with the times. The MA SJC reasoned that video streaming should be allowed because not allowing it would be against the constitutional rights of freedom of the press.
The question that the SJC has yet to rule on is what constitutes possession with intent to distribute. In the most recent SJC opinion regarding marijuana the justices wrote that it is still an open question in determining what should be regarded as distribution.
The new law of decriminalizing an ounce of marijuana for personal use has not solved all the questions revolving marijuana and the law. For one, what if a person has less than an ounce of marijuana, but the police believe that the person was trying to sell that marijuana?
Suggestive procedures: You may be able to exclude any identification procedure against you for being unnecessarily suggestive as to be deeply unfair to you. What makes an identification procedure unduly suggestive? Lets say you are suspected of robbery and are lined up with other men several inches shorter than you. You are the only one wearing a jacket similar to one described that the robber used during the robbery. After the victim/witness is unable to positively identify anyone as the robber, the police then dismiss everyone but you.
There are 4 plausible 
First off, one has to be arrested. The arrest is only valid when a police officer has probable cause to believe that you have committed the crime. After being arrested you are taken down to the police station to be booked. Booking is the process where they collect information on you and put it into their system. This information includes your fingerprints, a photograph, age, height, etc. Once you are booked then the D.A., or more likely the assistant D.A., decides whether there is enough evidence to file the charges of the crime against you that you allegedly committed. For example, burglary consists of the unlawful, forceful, entry into ones house to take property. If you were found in someones house when the police showed up, the D.A.'s office would consider that strong evidence to be used against you to fulfill that element of the crime.
On a final note, the term dwelling is meant to refer to the inside of your home or apartment unit, not the property surrounding it. In other words, you can only use force on the burglar if he is inside your home, not in your driveway.
The OUI ignition interlock device is a small machine that is attached to your car’s ignition. The OUI ignition interlock device is no larger than an average cell phone. The OUI ignition interlock device will make the OUI offender blow into it prior to starting your car. Once the car is started the ignition interlock will require the OUI offender to re-take the breathalyzer ever so often. The frequent testing was integrated to prevent OUI offenders from drinking in the car while driving.
Attempt is an offense where one can be found guilty simply by their personal intentions. In order to be found guilty of attempt for any crime one must have 1) the specific intent to commit a crime (any crime); 2) an overt act; 3) non-achievement of the crime.
With technology moving so fast the law is trying its best to keep up. GPS is used now more than ever in criminal cases. GPS is used in all stages of a criminal case. First, GPS could be used a way to hinder the movement of a defendant who has plead guilty to an offense. Second, a judge could require that a defendant abide by a GPS while their case is pending. And finally, the GPS is being used more and more as an investigative tool by the police.
Option 1, the judge could decide to let you leave on your own personal recognizance. That means the judge has decided to release you without any 
If a state has established the murder slayer rule, then the defendant would not be eligible to receive anything under the life insurance policy. Under most murder slayer rules, the defendant doesn’t need to have been motivated by the life insurance money. In fact, the defendant doesn’t even need to know that there was a life insurance naming him as a beneficiary. If it is established that the defendant murdered his parents, then the money from the life insurance will not be released to the defendant.
In Massachusetts it is illegal for someone to be in possession of a 
Probably the most important factor for OUI defendants is the license implications. The 
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There are 2 main subsets to the crime of Larceny; lost or mislaid property, and false pretenses. First I will explain lost or mislaid property. One can be found guilty of larceny if they come upon lost or mislaid property of another. However, they will only be found guilty of larceny of the lost property of another if at the time they took the item, they had the intent of keeping the item for themselves and they knew or had a reasonable mean of ascertaining who the owner of said property is. For example; Lets say you are on the T and you see someone leave a book, umbrella or even a cellphone, ipod, or ipad (personally don't know how someone could forget that considering how much they paid for it, but it does happen). If you go over and pick up the item, it is in your possession and control, and if you purposefully don't try to return it to the person who just got off the train, you will be found guilty of larceny of said item. However lets say that you wanted to return that item to the person, but the T doors closed before you could give it back to the person who stepped off and now you are on your way to another station. Well now it is almost impossible to find that person to give it back to them so you eventually just hold on to the item, meaning to give it over to MBTA officials for their lost and found. However you forget to hand it over and take it home with you. According to the state, you would not be found guilty of larceny of said item because at the time you took it, you intended to give it back to the owner; you didn't intend to steal it, and unfortunately, or fortunately, you took the item home with you and made it yours. With that being said most ipods and ipads have the tracking device in them so the lost user can find them, not to mention pass codes on the devices. So in the end you might not have gotten a free ipod or ipad.
As many of us have heard from our parents, you can’t run away from your problems. And running away from an accident scene after you hit someone will only be followed by bad consequences. Aside from the issue that it is a just plain wrong to hit someone and leave try to run away, there are other serious consequences of hitting someone and leaving the accident.
Massachusetts has made it easier for one to be convicted of conspiracy by dispensing with the overt act requirement. By general definition, a single person in the group had to commit an overt act in furtherance of the conspiracy in order for him and the other members of the conspiracy to be found guilty of conspiracy. For example lets say that a group of 4 have decided to burn down the local library because the despise the dewey decimal system. They have planned and talked about it for months but it has not gone any further than that. Then one afternoon one of the members goes to the store and buys a shopping cart full of lighter fluid and a box of matches. That act of going to the store and buying those items (which will obviously be used to burn the library down) is an act committed in furtherance of the conspiracy (an overt act), and all the members are now guilty of said conspiracy. However, as mentioned above, Massachusetts has done away with this overt act requirement. So if the example above took place in Massachusetts the act of the 4 members talking, planning, and agreeing with each other about burning down the library will make them guilty of the conspiracy to do that crime. In Massachusetts one member does not need to buy the arson kit (the overt act) in order for him and the others to be found guilty.
Most of us have watched enough police related television shows to know what our Miranda rights are. However, there are many misconceptions of what Miranda Rights actually mean. Many people will tell me that they weren’t given their Miranda rights and then ask me will that result in an automatic dismissal of the criminal case. The answer is no. If the police didn’t give you your Miranda rights, it doesn’t lead to an automatic dismissal of your criminal case. (picture of jail bars taken by 
(photo takeny by Melvin Gaal) Television shows such as Judge Judy, 
Felony murder is a modern crime created by statute. You can be convicted of felony murder if a killing occurs during the commission of or in furtherance of an inherently dangerous felony. An inherently dangerous felony includes 
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