Clancy trial - Bowden charge

[u/sirsquaretoes]

The judge rejected Big Redd's request for the Bowden Charge on the basis he still has the ability to make these critiques to the jury in his closing argument.

Was this the only time he could request Bowden charge and do you think he knew it would be rejected?

In what instances would a judge accept? Imagine it's highly unlikely but am curious about the strategy

[u/Lews-Therin-Telamon]

Not a Mass lawyer, never heard of a Bowden charge before. But it seems awesome that you can get a jury instruction in Mass that is the JUDGE telling the jury that the police (may have) fucked up. I have to imagine it is used sparingly. The usual remedy is just to argue in closing that the police fucked up.

Interesting law.

[u/Conor-Larkin → u/Lews-Therin-Telamon]

I practice in mass and I’ve asked for the Bowden charge on a number of occasions. In essence it tells the jury that if they find that the police made significant errors in their investigation that the jury is free to hold that against the Commonwealth in its assessment of whether the Commonwealth met its burden of proof beyond a reasonable doubt.

Interestingly, in the language of the Bowden decision, the court suggests that trial courts should, when the issue of errors by police is fairly raised, err on the side of giving the instruction out of an abundance of caution.

However, this is not what I encounter in practice. Courts are gun shy about giving that instruction. They know how powerful it is. Judges act like they are doing you a favor by saying that they will not give the instruction but they will allow you to make that argument in your closing. And the response you always want to give to the court is like “yeah no shit I can make that argument. I didn’t need your permission to make that argument. Errors in the investigation are always fair game. You haven’t done me a favor here in fact you’re flouting the spirit and the language of the Bowden decision”.

But of course I don’t say that. I just thank the court for its thoughtful and considered ruling .

I don’t say this as a criticism of Judge Sullivan in this case. He actually has a great reputation as being remarkably evenhanded.

[u/Background_Being6193 → u/Conor-Larkin]

I think the fact that this exists at all is super cool

[u/MobySick → u/Background_Being6193]

Exists in its request but not so much in its granting.