Document Type
Article
Publication Date
6-1982
ISSN
0163-1411
Publisher
Massachusetts Bar Association
Language
en-US
Abstract
The Massachusetts Rules of Criminal Procedure became effective on July 1, 1979. While many of their provisions helpfully codify previously existing practice and case law, the Rules have in some areas effected a major transformation of criminal procedure. This article examines the changes wrought by the Rules in the pretrial arena, with emphasis on those areas that remain somewhat unfamiliar to the practitioner or untested against constitutional challenge in the courts. While the Rules appear to have done an admirable job of simplifying and rationalizing the criminal trial process, their emphasis on mutuality and reciprocity have in some cases created constitutional doubts in a system where one party, the defendant, is guaranteed substantial rights not afforded to the other. These constitutional questions are particularly apparent in Rule 3 (waiver of indictment), Rules 6 and 10 (preservation of testimony), and the most significant pretrial alteration, Rule 14 (reciprocal discovery). We now proceed with an examination of the pretrial rules, with the caveat that only the significant changes are highlighted and the practitioner will be required to turn to the Rules and their helpful Reporter's Notes to obtain a full understanding of the Massachusetts pretrial procedural scheme.
Recommended Citation
Eva S. Nilsen,
Pretrial Procedure under the Massachusetts Rules of Criminal Procedure
,
in
67
Massachusetts Law Review
61
(1982).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/3879
Included in
Courts Commons, Criminal Law Commons, Criminal Procedure Commons, State and Local Government Law Commons
