Jonathan Shapiro and John Cushman Earn Landmark SJC Decision Affecting Juvenile Grand Jury Proceedings

Jonathan Shapiro

In a landmark decision, the Supreme Judicial Court required that juveniles be afforded new legal protections in grand jury proceedings. ┬áIn Commonwealth v. Walczak, the Court decided that “where the Commonwealth seeks to indict a juvenile for murder and where there is substantial evidence of mitigating circumstances or defenses (other than lack of criminal responsibility) presented to the grand jury, the prosecutor shall instruct the grand jury on the elements of murder and on the significance of the mitigating circumstances and defenses.”
Full opinion on Mass. Lawyers Weekly
12/13/2012 Boston Globe Article