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Decision Commonwealth v. Curran
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Commonwealth v. Curran
Commonwealth v. Edward Curran
Supreme Judicial Court, January 12, 2018
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.
- Commonwealth v. Burgess, 450 Mass. 366 (2008).