finding that a judge in direct contact with a defendant must be given wide discretion to decide adequacy of interpreter
How later courts described this case
- finding that a judge in direct contact with a defendant must be given wide discretion to decide adequacy of interpreter
- stating that the decision to appoint an interpreter is “uniquely within the province of the trial judge,” who must be given “wide discretion”
- “A confession can be voluntary in the legal sense only if the suspect actually understands the import of each Miranda warning”
- judge in direct contact with defendant is given wide discretion to decide adequacy of interpreter
Written by the judges who cited it.
The opinion
*445 Liacos, J.
(dissenting). I agree with the majority that the charge to the jury on reasonable doubt was erroneous. I do not believe, as the majority holds, that an erroneous charge on reasonable doubt can constitute harmless error. The majority cites no cases which so hold, and I am aware of none. See Dunn v. Perrin, 570 F.2d 21 (1st Cir. 1978).
The majority is apparently convinced that the error was harmless beyond a reasonable doubt because of the “overwhelming evidence of guilt.” 1 The court states, “[T]he defendant testified and corroborated all of the essential elements of the Commonwealth’s case .... The only issues the jury faced were whether the killing was justified in self-defense and, if so, whether Garcia exercised that right imperfectly (to result in manslaughter) or, if not, whether the killing was first or second degree murder.” 2 As the majority has specifically commented on the issue of self-defense, I will focus on it for purposes of this analysis.
This court stated in Connolly v. Commonwealth, 377 Mass. 527, 529-530 (1979), “As malice is an essential element of murder, and a proper exercise of self-defense negates malice, it follows from Mullaney v. Wilbur, 421 U.S. 684 (1975), that the Commonwealth bears the burden of proving beyond a reasonable doubt, in any case where the issue arises, that there was not a proper exercise of self-defense; and the judge should so charge.” Given, as the majority has held, that the charge on reasonable doubt was erroneous, it follows that the jury were improperly instructed as to the standard of proof required of the Commonwealth in order to sustain its burden of proving the element of malice (i.e., no proper exercise of self-defense). Likewise, of course, the high standard of proof required of the Commonwealth with respect to the remaining elements of the crime of murder was “trivialized” by the reasonable doubt charge given.
*446 The United States Supreme Court has indicated that an unconstitutional jury instruction on an element of the crime cannot constitute harmless error. See United Brotherhood of Carpenters & Joiners v. United States, 330 U.S. 395, 408-409 (1947). Cf. Bollenbach v. United States, 326 U.S. 607, 614-615 (1946). See also Sandstrom v. Montana, 442 U.S. 510, 524 (1979), and Hammontree v. Phelps, 605 F.2d 1371, 1380 (5th Cir. 1979). Chapman v. California, supra, cited by the majority in support of its holding that the error in the instant charge was harmless, did not involve an unconstitutional jury charge affecting an element of the crime. Furthermore, Chapman recognizes that “there are some constitutional rights so basic to a fair trial that their infraction can never be treated as harmless error . ...” Id. at 23. I believe that an erroneous instruction on reasonable doubt presents such a situation. Accordingly, I conclude that reversal is required in this case.
The prosecution bears the burden of proof on appeal that the error was harmless beyond a reasonable doubt. Chapman v. California, 386 U.S. 18, 24 (1967). Commonwealth v. Hanger, 377 Mass. 503, 510 (1979). The Commonwealth does not raise the harmless error doctrine in its brief.
See text supra at 441.