toward his wife, which necessitated her seeking and obtaining a protective order against him, we conclude that “the judgment was not substantially swayed by the error.” Commonwealth v. Flebotte, 417 Mass. 348, 353 (1994), quoting Commonwealth v. Peruzzi, 15 Mass. App. Ct. 437, 445 (1983). The defendant also argues, for the first time on appeal, that the judge erred in certain of his jury instructions. First, the defendant claims that the judge did not give a proper “humane practice” instruction, see Commonwealth v. Benoit, 410 Mass. 506, 512 (1991); Commonwealth v. Tavares, supra at 152, because he did not inform the jury that they must consider whether the defendant’s statements to Telford, a civilian witness, were voluntary. See Commonwealth v. Allen, 395 Mass. 448, 456-457 (1985) (<HOLDING>). The judge acted properly. The humane practice
recognizing private right of action holding that jury must determine voluntariness of statements to both private citizens and police holding that promises inducements and improper influences on the part of the police are relevant voluntariness factors holding that the defendants argument that they acted as private citizens was not properly before us on interlocutory appeal holding that witness statements in police report inadmissible