Instruction 3.720, Criminal Model Jury Instructions for Use in the District Court

MUG SHOTS / FINGERPRINTS / DNA

A witness testified that [e.g. the police showed the witness a photo of the

defendant] [the police accessed the defendant’s (DNA) (fingerprints) from a database] . If you

accept that testimony, you are not to draw any inference against the

defendant because the police [had their photograph] [accessed their

(fingerprints) (DNA) from a database].

[Photos: Police departments have access to pictures for many

different reasons and from many different sources, including the

Registry of Motor Vehicles and military databases, passports, various

licenses and employment records.]

[Fingerprints: Police departments have access to fingerprints for

many different reasons and from many different sources, including,

for example, military records, some passport applications, and

employment applications.]

[DNA: Police departments have access to the DNA of many

people for many different reasons and from many different sources,

including, for example, scientific research, genetic testing and

genealogical studies.]

You are not to speculate about the source or reason in this case

because it is irrelevant and has no bearing on whether or not the

defendant is guilty. The fact that the police may have [had the

defendant’s picture] [accessed the defendant’s (fingerprints) (DNA)

from a database] does not mean that the defendant committed this or

any other crime.

See Commonwealth v. Sullivan, 478 Mass. 369, 375 (2017) (DNA database);

Commonwealth v. Blaney, 387 Mass. 628, 636, n. 7 (1982) (photographs).