Model jury instruction: adjutant evidence

From Comm. v. Souza, 492 Mass. 615 (2023) appendix

Model jury instruction

For the purpose of determining who attacked whom first in the altercation [or who escalated the potential for violence through the use or threat of deadly force], you may consider evidence of the deceased's [and a third party acting together with the deceased's] past violent conduct, whether or not the defendant knew of it. You may not consider such evidence for any other purpose.

Source

Comm. v. Souza, 492 Mass. 615 (2023)

Last updated:	August 14, 2023