Commonwealth v. DiNardo

Salinger, Kenneth W., J.

The Court concludes that

in an initial proceeding to commit someone involuntarily to the Massachusetts treatment center for sexually dangerous persons under G.L.c. 123A, §12, a vote by five-sixths of the jury members is sufficient to render a verdict that the Commonwealth has not met its burden of proving beyond a reasonable doubt that the respondent is a sexually dangerous person (“SDP”), even though a unanimous vote is required to render a verdict that the Commonwealth has proved that the respondent is sexually dangerous.

As a general matter, a vote of five-sixths of…