Massachusetts Guide to Evidence 2025 Edition MA R EVID § 1107

(a) Admissibility. Evidence that certain tests were not conducted, that certain police procedures were not followed, or that certain information known to the police about another suspect was not investigated, in circumstances in which it was reasonable to expect that the police should have conducted such tests, followed such procedures, or investigated such information, is admissible.

(b) Jury Instruction. If evidence under Subsection (a) is admitted, the judge may give a specific instruction to the jury regarding the permissible inference that may be drawn from the evidence. Even in the absence of an instruction, counsel may argue the issue, provided the argument is based on the evidence in the record and any permissible inferences that may be drawn from that evidence.