The Law Will Not Save Us

JOSEPH MARGULIES

Cornell law professor Joseph Margulies reminds us that the rule of law exists in the United States primarily to conceal politics; that is, one cannot rely on having “the law” on one’s side if politics are opposed. Margulies illustrates this point by replacing “the lawyers reviewed the law and decided” with “the high priests studied the entrails and decided”—a substitution that ultimately yields the same results.

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Commonwealth v. Tejada

Docket: SJC-11951

Opinion Date: January 23, 2020

Judge: Barbara A. Lenk

Areas of Law: Criminal Law

The Supreme Judicial Court affirmed Defendant's convictions and declined to exercise its powers under Mass. Gen. Laws ch. 278, 33E to order a new trial or to reduce the degree of guilt, holding that there was no reason to reverse Defendant's conviction. Defendant was convicted of three counts of murder in the first degree on theories of deliberate premeditation and extreme atrocity or cruelty. The Supreme Judicial Court affirmed the convictions, holding (1) there was sufficient evidence to sustain Defendant's convictions; (2) Defendant's statements to police on the night of his arrest were properly admitted because the statements did not require Miranda warnings and were voluntary; (3) the trial judge did not err by declining to ask a requested question about anti-Hispanic juror bias during voir dire; and (4) there was no basis to grant extraordinary relief under Mass. Gen. Laws ch. 278, 33E.