PLEADING THE 5th
201603.30
0
0

PLEADING THE 5th

The phrase, “I plead the 5th,” is bandied about a lot in television and movies, and most people have a general notion that it has something to do with the right to remain silent and refuse to answer questions. Specifically, the Fifth Amendment to the United States Constitution provides in relevant part that “[n]o person…

201603.21
0
0

RECKLESS ENDANGERMENT OF A CHILD REQUIRES PROOF OF STATE OF MIND

Would a reasonable person go walking on railroad tracks with their child while drunk? And in a prosecution for reckless endangerment of a child in violation of Mass. General Laws Chapter 265, section 13L, is it enough for the government to prove that a reasonable person wouldn’t? The Supreme Judicial Court recently clarified the reckless…