Legal Opinion · Dissent

Commonwealth v. Adjutant

Massachusetts Supreme Judicial Court

Decided March 14, 2005Published

1DissentCowin, J.

The court today holds that a “victim’s prior violent conduct may be probative in determining whether the victim was the first aggressor where a claim of self-defense has been asserted and the identity of the first aggressor is in dispute.”1 Ante at 650. In particular, the court creates a new rule of evidence in which prior acts of violence “reasonably alleged to have [been] initiated” by a victim, and unknown to a defendant, may be admitted to establish a victim’s tendency toward violence. Id. Because I believe that past acts of violence by a victim, unknown to a defendant, do little to help…

2Cases cited61 opinions

  1. State v. BarnesOhio Supreme Court · 2002
  2. Commonwealth v. HelfantMassachusetts Supreme Judicial Court · 1986
  3. State v. EdwardsSupreme Court of Louisiana · 1982
  4. People v. MillerNew York Court of Appeals · 1976
  5. Chandler v. StateSupreme Court of Georgia · 1991

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