The Standing Advisory Committee on the Rules of Criminal Procedure (SAC) solicits comments on proposed amendments to Mass. R. Crim. P. 19(b), Less Than a Full Jury. The amendment implements Commonwealth v. Bennefield, 482 Mass. 250 (2019), by specifying the procedure through which a defendant may waive the right to a full jury after jeopardy has attached. The Court held in Bennefield that a colloquy on the record is essential to establish a valid waiver.
The proposed amendments and Reporter's Notes appear at the links below. Comments should be directed to Timothy E. Maguire, Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston, MA 02108 on or before September 27, 2019. Comments may also be emailed to firstname.lastname@example.org. Comments received will be made available to the public.