Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 23B (2026)

Accused; statements made while undergoing psychiatric examination; admissibility

✓ current as of July 2026

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Section 23B. In the trial of an indictment or complaint for any crime, no statement made by a defendant therein subjected to psychiatric examination pursuant to sections fifteen or sixteen of chapter one hundred and twenty-three for the purposes of such examination or treatment shall be admissible in evidence against him on any issue other than that of his mental condition, nor shall it be admissible in evidence against him on that issue if such statement constitutes a confession of guilt of the crime charged.

Notes of Decisions

Cited in 22 cases, 1974–2017 · leading case: Blaisdell v. Commonwealth, 364 N.E.2d 191 (Mass. 1977).

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Blaisdell v. Commonwealth, 364 N.E.2d 191 (Mass. 1977). · cites it 14× “The Commonwealth contends that G.L.c. 233, § 23B, does this, G.L.c. 233, § 23B, as amended by St.”

Commonwealth v. Collett, 439 N.E.2d 1223 (Mass. 1982). · cites it 4× “753, 768-769 (1977), to protect certain statements made in court-ordered psychiatric examinations under G.L.c. 233, § 23B, are instructive. The in camera hearing is the proper procedure to allow the judge to determine whether or not the privilege applies to communications made…”

Vuthy Seng v. Commonwealth, 839 N.E.2d 283 (Mass. 2005). · cites it 6× “The judge’s order made no reference to G. L. c. 233, § 23B, but we agree with the Commonwealth that to the extent the defendant’s privilege against self-incrimination is implicated, he will also be protected by the immunity provisions of that statute.”

Commonwealth v. Harris, 11 N.E.3d 95 (Mass. 2014). · cites it 4× “12 In addition, to the extent a defendant’s privilege against self-incrimination is implicated in a competency evaluation, he will be protected by the immunity protections of G. L. c. 233, § 23B. 13 See Vuthy Seng v.”

Attorney Gen. v. Colleton, 444 N.E.2d 915 (Mass. 1982). · cites it 2× “The issue raised here was not before the court in Blais-dell, but, to the extent its holding in Blaisdell is relevant, that holding is that the protections of G. L. c. 233, § 23B (barring the use “in evidence” of statements constituting confessions of guilt of the crime charged…”

Commonwealth v. Callahan, 438 N.E.2d 5 (Mass. 1982). · cites it 3× “He claimed that the statements violated the terms of G. L. c. 233, § 23B, and this court’s decision in Blaisdell v.”

Commonwealth v. O'CONNOR, 387 N.E.2d 190 (Mass. App. Ct. 1979). · cites it 3× “The order strictly limited the use of the results of the examination along the lines of G. L. c. 233, § 23B, and within the guidelines of Blaisdell v.”

Commonwealth v. Sliech-Brodeur, 930 N.E.2d 91 (Mass. 2010). “784, 789 (1982) (Callahan), we clarified that the “defendant, by voluntarily proffering such evidence to the jury, has waived his privilege against self-incrimination to a limited extent,” recognizing that the limitations on the use of the defendant’s compelled interview…”

Commonwealth v. Brown, 914 N.E.2d 332 (Mass. App. Ct. 2009). · cites it 2× “Fiore’s trial testimony violated G. L. c. 233, § 23B, and that the judge erroneously restricted the defendant’s cross-examination of Dr.”

Rosenthal v. O'Brien, 713 F.3d 676 (1st Cir. 2013). “See Mass. Gen. Laws ch. 233, § 23B. Zalkind had a firm understanding of the relevant law and facts on this issue.”

Commonwealth v. Benoit, 410 N.E.2d 347 (Mass. 1991). “Esau’s testimony exceeded the limitations of G. L. c. 233, § 23B (1990 ed.). 7 The record is not clear what Dr.”

Commonwealth v. Street, 446 N.E.2d 670 (Mass. 1983). “” G. L. c. 233, § 23B, as amended by St. 1970, c.”

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