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Diversion and Restorative…

Diversion and Restorative Justice

What is restorative justice? Restorative justice is a voluntary process by which offenders collectively identify and address obligations resulting from an offense. So, under the system, the offender accepts responsibility for his or her actions. The…
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Knowledge in Criminal Law

Knowledge in Criminal Law

What is knowledge in criminal law? A perception of the facts required for a crime is knowledge in criminal law. It is the burden of the Commonwealth to prove beyond a reasonable doubt that at the time of the offense the defendant knew something. This…
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Shoplifting in Massachuse…

Shoplifting in Massachusetts | G.L. c. 266 § 30A

Shoplifting is a specific criminal offense under Massachusetts law. G.L. c. 266, § 30A covers a range of intentional acts involving retail merchandise—taking it, concealing it, switching price tags or containers, under-ringing the price, or removi…
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Disturbing the Peace

Disturbing the Peace

Disturbing the peace is a crime in Massachusetts under G.L. c. 272, § 53(b). It is one of the most common charges after a loud argument, a late-night party, or a scene outside a bar. A first offense carries only a fine. A second offense can mean…
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Resisting Arrest in Massa…

Resisting Arrest in Massachusetts (G.L. c. 268, § 32B): Elements, Penalties, and Defenses

Resisting arrest is a crime in Massachusetts under G.L. c. 268, § 32B. The charge covers two kinds of conduct: using or threatening force against an officer, or doing something that creates a substantial risk of bodily injury. Simply pulling awa…
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Disorderly Conduct &…

Disorderly Conduct & Disturbing the Peace in Massachusetts (G.L. c. 272, § 53(b))

Disorderly conduct and disturbing the peace are two of the most common charges in Massachusetts District Court, and two of the most misunderstood. They share one sentence of the statute, G.L. c. 272, § 53(b), and one penalty: a fine of up to $15…
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Mental Impairment Short o…

Mental Impairment Short of Insanity

This post will answer the following legal questions on the legal defense of mental impairment short of insanity. What is mental impairment short of insanity? Sometimes individuals are so impaired when they commit a crime that they are legally conside…
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