University of Pretrial Library

Scione v Commonwealth 2019 

8 days ago

The Massachusetts Supreme Court has struck down parts of the state’s pretrial detention statute in Scione v. Commonwealth. Under the statute, people who were charged with “felony that, by its nature, involves a substantial risk that physical force against the person of another may result” could be eligible for pretrial detention, but the court found this clause to be unconstitutionally vague. Other parts of the statute, which allow prosecutors to motion for pretrial detention on charges that are explicitly listed in the statute, along with any “felony offense that has as an element of the offense the use, attempted use or threatened use of physical force against the person of another” were upheld.

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Uploaded - 10-09-2019

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