DISTRICT COURTS OF MASSACHUSETTS - REPORT OF THE SPECIAL COMMITTEE ON TRIAL DE NOVO TO THE CHIEF JUSTICE OF THE DISTRICT COURTS

• NCJ Number: 35276
• Author(s): ANON
• Date Published: 1976
• Length: 24 pages
• Corporate Author: Massachusetts Administrative Office of the District Courts
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THE PRESENT TWO-TIERED CRIMINAL CASE TRIAL SYSTEM IN MASSACHUSETTS IS CRITICIZED FOR ITS EXPENSE, DELAYS IMPOSED ON THE DEFENDANT, AND UNREASONABLE ADVANTAGES IT GIVES TO CERTAIN FELONY OFFENDERS AND NOT OTHERS.

Abstract

NORMALLY ALL FELONY CASES ARE HEARD BY A DISTRICT COURT JUDGE WITHIN A WEEK TO TEN DAYS AFTER THE COMPLAINT HAS BEEN FILED. THE DEFENDANT MAY NULLIFY THE DISTRICT COURT JUDGE'S RULING AND OBTAIN A TRIAL DE NOVO BY SIMPLY APPEALING TO THE SUPERIOR COURT, WHERE HE IS MORE LIKELY TO BE ACQUITTED OR TO HAVE HIS SENTENCE REDUCED. (SERIOUS FELONY OFFENDERS DO NOT HAVE THIS ADVANTAGE BECAUSE THEIR CASES ARE FIRST HEARD IN SUPERIOR COURT.) A CONSIDERABLE DELAY OFTEN RESULTS BETWEEN APPEAL AND TRIAL DE NOVO, DENYING THE DEFENDANT A SPEEDY TRIAL AND AT THE SAME TIME, TURNING HIM OUT ON THE STREET WITH NO COURT SUPERVISION. OTHER DISADVANTAGES OF THE TRIAL DE NOVO SYSTEM ARE PRESENTED ALONG WITH RECOMMENDATIONS FOR A NEW PROCEDURE.