Commonwealth v. Trappaga

(dissenting, with whom Rubin, J., joins). I respectfully dissent because I conclude that the jury instructions were inadequate and created a substantial risk of a miscarriage of justice. I would remand for a new trial.

*548The commitment of a defendant to confinement, possibly for the rest of his life, is a most serious deprivation of liberty. The Legislature has therefore instructed that determination of sexual dangerousness, and need for secure confinement, requires a unanimous jury verdict and proof beyond a reasonable doubt. G. L. c. 123A, § 14(d). There is no dispute that jury instructions…