Document Type
Article
Publication Date
1976
ISSN
0570-2674
Publisher
Boston College Law School
Language
en-US
Abstract
The Constitutionality of the Trial de Novo System. The legal challenge to the constitutionality of the Massachusetts trial de novo system was settled by the Supreme Court of the United States during the Survey year in Ludwig v. Massachusetts. The Court upheld the Commonwealth's practice of trial de novo finding that the system does not constitute an impermissible burden upon a defendant's right to a trial by jury and that the requirement that a defendant undergo two trials in order to obtain a jury trial is not a violation of the right against double jeopardy.
Recommended Citation
David Rossman,
Criminal Law and Procedure
,
23
Annual Survey of Massachusetts Law
337
(1976).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2908
