MA court says state has burden to prove dangerousness

The Massachusetts Supreme Court has ruled that the state bears the burden of proof when determining whether registered citizens should or should not be moved to a less dangerous classification.

Here’s an excerpt from an article about the ruling at WBUR.

“We conclude that the risk of erroneous classification and deprivation remains in reclassification proceedings and that that risk must continue to be borne by the government,” wrote Associate Justice Scott Kafker. “Therefore, the ultimate burden of proof should remain with the board to prove by clear and convincing evidence that the classification is current and correct.” 

The court added, however, that there was also a “burden of production,” on the sex offender to provide evidence of a change in circumstances that would warrant reclassification.

Read the full article here.

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