THREE JUVENILES v. COMMONWEALTH


390 Mass. 357 (1983)

455 N.E.2d 1203

THREE JUVENILES & others vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

November 7, 1983.


Attorney(s) appearing for the Case

Brian J. McMenimen (Constance L. Rudnick with him) for the plaintiffs.

Daniel J. O'Connell, III, for the interveners.

Charles J. Hely, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

We are presented for the first time with the question whether a minor child may be compelled to appear and to testify, over the objection of both the child and the child's parents, before a grand jury that is investigating the possible murder of a nonfamily member by the child's father. We conclude that, in these circumstances, a minor child has no privilege to refuse to appear. Further, the child has no privilege to refuse to testify as to what he may...

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