Commonwealth v. Matthews, 675 N.E.2d 397 (Mass. 1997). · Go Syfert
Commonwealth v. Matthews, 675 N.E.2d 397 (Mass. 1997). Cases Citing This Book View Copy Cite
5 citation events (1 in the last 25 years) across 1 distinct court.
Strongest positive: Goguen v. Commonwealth (mass, 2010-07-27)
Top citers, strongest first. 4 distinct citers.
cited Cited "see" Goguen v. Commonwealth
Mass. · 2010 · signal: accord · confidence high
Accord Commonwealth v. Rivera, 424 Mass. 1007, 1008 (1997).
cited Cited "see" Cowell v. Commonwealth
Mass. · 2000 · signal: see · confidence high
See Commonwealth v. Rivera, 424 Mass. 1007, 1008 (1997), and cases cited.
cited Cited "see" Clark v. Commonwealth
Mass. · 1998 · signal: see · confidence high
See Commonwealth v. Matthews, 424 Mass. 1007 (1997).
cited Cited "see" Powers v. Commonwealth
Mass. · 1998 · signal: accord · confidence high
Accord Commonwealth v. Rivera, 424 Mass. 1007 (1997); Commonwealth v. Dunigan, 384 Mass. 1, 5 (1981).
Commonwealth
v.
Glen Matthews
Massachusetts Supreme Judicial Court.
Feb 7, 1997.
675 N.E.2d 397
John P. Zanini, Assistant District Attorney, for the Commonwealth., Nancy E. P. Connelly for the defendant.
Cited by 2 opinions  |  Published

The motion judge allowed the defendant’s motion and dismissed the complaint. The Commonwealth appealed from the dismissal. G. L. c. 278, § 28E. We granted the Commonwealth’s application for direct appellate review.

After the appeal was transferred to this court, we issued our decision in Commonwealth v. Forte, 423 Mass. 672 (1996). We held that sentences to the departmental disciplinary unit of a State prison did not bar, on double jeopardy ground, the subsequent criminal prosecutions of the defendants in that case for the same offenses. Our analysis in that case is controlling here. The segregation unit involved in this case, like the disciplinary unit in Forte, serves deterrent and remedial purposes, as the motion judge expressly noted, in addition to a punitive purpose. Furthermore, “assuming, without deciding, that prison discipline, at least under some extreme circumstances, may invoke double jeopardy principles,” this is hardly a case where the defendant has demonstrated on “the clearest proof’ that the sanctions imposed by the officials at the jail were “so extreme in purpose or effect as to be equivalent to a criminal penalty.” See id. at 677-678.

The order dismissing the complaint is vacated. The case is remanded to the Boston Municipal Court.

So ordered.