Legal Question in Criminal Law in Massachusetts

Is a judge required to instruct a jury of second degree felony murder if there is ample evidence of it? On a defendants request to speak to a personal friend (guidance cousellor -vice principle) once he reaches the police station but the officers never let him use the phone but rather places the call on his behave and never informs the defendant he can make his own calls Is this a Violation of G.L.C276 33A? could this violation be deemed intentional? Defendant is 18 years old vice priciple and cousellor worked at his school

Asked on 10/16/09, 11:11 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Jury instructions are at a discretion of the judge, and if the judge fails, the attorney should object, and then it may be grounds for an appeal.

Defendant's request to speak to someone like a guidance counselor is not binding on the police.

Answered on 10/22/09, 10:41 am

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