unreasonably high standard (Massachusetts) · Go Syfert
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unreasonably high standard in Massachusetts

5 Massachusetts opinions name it 2 courts 2011–2025 1 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Commonwealth v. Vuthy Senggreen
mass · 2010 · cited in 3 Massachusetts opinions naming this issue, 2011–2025
2 sentences

2025We have previously noted that "the theory that jurors who watch forensic science television programs like 'CSI' will hold prosecutors to an unreasonably high standard of proof because of the prowess displayed by fictional forensic scientists . . . may be largely speculative." Commonwealth v. Vuthy Seng, 456 Mass. 490, 503-504 (2010).[5] We have nonetheless repeatedly recognized a judge's discretion to permit carefully bounded inquiry into this area of potential juror bias.

2013The question posed to potential jurors in this case suggests that the judge was concerned with the so-called “CSI effect,” a largely speculative “theory that jurors who watch forensic science television programs like ‘CSI’ will hold prosecutors to an unreasonably high standard of proof because of the prowess displayed by fictional forensic scientists.” Commonwealth v. Vuthy Seng, supra at 503 .

23
Commonwealth v. Graygreen
mass · 2013 · cited in 2 Massachusetts opinions naming this issue, 2019–2025
2 sentences

2025See Gray, 465 Mass. at 338-339 ; Perez, 460 Mass. at 691 .

2019Id . at 338, 990 N.E.2d 528 .

12
Commonwealth v. Acevedogreen
mass · 2006 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014See id., quoting Saferian, 366 Mass. at 96.

11
Commonwealth v. Saferiangreen
mass · 1974 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014See id., quoting Saferian, 366 Mass. at 96.

11
Commonwealth v. Bowdengreen
mass · 1980 · cited in 1 Massachusetts opinions naming this issue, 2013–2013
1 sentence

2013In addressing the propriety of a CSI question, we have recognized “an inherent tension between our holding in Commonwealth v. Bowden, [ 379 Mass. 472, 485-486 (1980) (Bowden)], and questioning the members of the venire about their beliefs regarding scientific evidence, that may in certain circumstances raise the possibility of prejudice to a defendant.” Perez, supra at 691 n.13. 7 See Commonwealth v. Vuthy Seng, supra at 504 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Commonwealth v. Perez green
mass · 2011
2 sentences

2025See Gray, 465 Mass. at 338-339 ; Perez, 460 Mass. at 691 .

2013In addressing the propriety of a CSI question, we have recognized “an inherent tension between our holding in Commonwealth v. Bowden, [ 379 Mass. 472, 485-486 (1980) (Bowden)], and questioning the members of the venire about their beliefs regarding scientific evidence, that may in certain circumstances raise the possibility of prejudice to a defendant.” Perez, supra at 691 n.13. 7 See Commonwealth v. Vuthy Seng, supra at 504 .

22013–2025

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 278, § 33E (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MA 5 (2011–2025) OH 4 (2008–2011) CA 2 (2014–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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