You Have the Right to the Silent Treatment

SHERRY F. COLB

Cornell law professor Sherry F. Colb proposes the psychological effects of the “silent treatment” as a possible reason that arrested individuals who understand their Miranda rights nevertheless confess to the police. Rather than seeking to dispute or displace other explanations of the phenomenon, Colb suggests that when police leave a suspect alone in his cell, he may experience their exit as the silent treatment and confess as an attempt to end it.

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Negron v. Commissioner of Correction

Docket: SJC-12773

Opinion Date: January 13, 2020

Judge: Per Curiam

Areas of Law: Civil Procedure

The Supreme Judicial Court affirmed the judgment of the county court denying Petitioner's petition for relief under Mass. Gen. Laws ch. 211, 3, holding that where Petitioner had remedies in the ordinary appellate process, the single justice did not err or abuse her discretion by denying extraordinary relief. Petitioner, the plaintiff in a civil action, sought review of a superior court judge's order requiring service of process on Defendants by certified mail at Petitioner's own expense and requested a waiver of the Appeals Court's filing fee for his single justice petition. After reviewing Petitioner's affidavit of indigency and other information, a single justice ordered that Petitioner pay a significantly reduced filing fee for his petition. Petitioner then filed his Mass. Gen. Laws ch. 211, 3 petition arguing that the reduced amount was still too high. A single justice denied relief without holding a hearing. The Supreme Judicial Court affirmed, holding that Petitioner had an adequate remedy in the ordinary appellate process.

Greci v. Travelers Insurance Co.

Docket: SJC-12646

Opinion Date: January 13, 2020

Judge: Per Curiam

Areas of Law: Labor & Employment Law

The Supreme Judicial Court affirmed the judgment of a single justice of the court denying without a hearing Plaintiff's petition for relief under Mass. Gen. Laws ch. 211, 3, holding that Plaintiff failed to demonstrate the absence or inadequacy of alternative remedial routes. Plaintiff referenced Mass. Gen. Laws ch. 211, 3 when seeking relief from an order of the single justice of the Appeals Court denying Plaintiff leave to file a late notice of appeal more than one year after the Department of Industrial Accidents approved a lump sum agreement in Plaintiff's workers' compensation case. A single justice of the Supreme Judicial Court denied relief. The Supreme Judicial Court affirmed, holding that where Plaintiff had an alternative remedy by way of an appeal, the single justice did not err in denying relief.