Decision Commonwealth v. Curran

Date: 01/24/2018
Organization: Massachusetts Supreme Judicial Court

Table of Contents

Commonwealth v. Curran

Commonwealth v. Edward Curran
Supreme Judicial Court, January 12, 2018
(Defendant’s Rights/SDP)

General Laws c. 123A, §15, permits incompetent persons who are unable to stand trial for qualifying sex offenses to be deemed sexually dangerous based on the commission of those acts. A proceeding under G.L. c. 123A, §15, does not violate due process or equal protection because of the rights explicitly stated in the statute to protect an incompetent defendant.[i] Among the protections afforded under G.L. c. 123 A, §15, is allowing incompetent defendants to raise any defense that they could raise in a criminal trial, including the lack of criminal responsibility. 

  1. Commonwealth v. Burgess, 450 Mass. 366 (2008).