Revising Massachusetts' Punishments: A Modern Approach To Law Enforcement

Massachusetts has a range of laws covering crimes and punishments, from the serious to the bizarre. For instance, did you know that it's illegal to make clam chowder with tomatoes in Massachusetts? Or that duels to the death are permitted on Sundays, as long as the Governor is present? In terms of more serious offences, breaking and entering into a building, ship, or vehicle with the intent to commit a felony is punishable by up to ten years in state prison. This punishment is increased to a minimum of seven years in state prison if a firearm is involved.

Incarceration and Imprisonment

In Massachusetts, imprisonment in a state prison for not more than ten years is the punishment for breaking and entering a building, ship, vessel, or vehicle during the day with the intent to commit a felony. The punishment is more severe if the offender is armed with a firearm or other weapon, in which case the sentence is imprisonment in a state prison for not less than seven years or in a house of correction for not less than two years and not more than two and a half years.

Prisoners' Legal Services of Massachusetts (PLS) has identified several priority bills for the 2023-2024 legislative session that aim to reduce harm within the jail and prison system, promote rehabilitation, and lower recidivism. One such bill is "An Act to reduce mass incarceration" (S.1045 / H.1821), which would allow all people serving life sentences the opportunity for a parole hearing after serving 25 years and ensure access to restorative justice programming. Another bill, "An Act to promote equitable access to parole" (S.1544 / H.2398), seeks to improve the efficiency of the parole board, address the rights and needs of people with disabilities, enhance transparency, and reduce the waiting time between parole reviews.

In addition to imprisonment, other common punishments for breaking the law in Massachusetts include fines, probation, community service, and restitution. Fines are monetary penalties that can be imposed in addition to or instead of incarceration, depending on the severity of the offence and the defendant's ability to pay. Probation allows individuals to serve their sentence in the community under certain conditions, such as regular check-ins with a probation officer, rather than being incarcerated. Community service is often used as a punishment for minor offences or as an alternative to incarceration, requiring offenders to perform unpaid work within their community. Restitution, on the other hand, focuses on compensating victims for any harm or loss caused by the actions of the convicted individual.

The Death Penalty

In the colonial era, Massachusetts' first settlers were Puritans seeking religious freedom. However, as more people arrived from England, they brought new religions and beliefs that conflicted with Puritan ideology. The Puritans created laws prohibiting the practice of other religions, and many people, particularly Quakers, were executed for their beliefs. During the infamous Salem Witch Trials of 1692, 19 individuals were hanged for witchcraft.

In 1900, Massachusetts adopted the use of the electric chair as the primary method of execution, replacing hanging. The last executions in Massachusetts took place on May 9, 1947, when Phillip Bellino and Edward Gertson were electrocuted for the murder of Robert Williams, a former U.S. Marine. These executions sparked an evaluation of capital punishment in the state, leading to its eventual abolition.

Despite the abolition of the death penalty in Massachusetts, there have been several attempts to reinstate it, including efforts by former governors Mitt Romney and Paul Celluci. However, these attempts have been unsuccessful. The most recent discussion about capital punishment in the state arose in the case of Boston Marathon bomber Dzhokhar Tsarnaev, who was sentenced to death by a federal court. This case highlighted the complex interplay between state and federal laws, as Massachusetts does not have a death penalty, but Tsarnaev committed a federal crime.

Parole and Probation

Parole:

Parole is a conditional release granted to individuals who have served a portion of their prison sentence. The Massachusetts Parole Board oversees the parole process, with the goal of providing better "customer service" and reducing the number of people incarcerated for violations. Parole officers play a crucial role in helping individuals on parole succeed in their communities and avoid returning to prison. The state prioritises a compassionate approach to parole, promoting public safety, supporting victims, and investing in re-entry programs, job training, and education.

Probation:

Probation, on the other hand, is a sentence that allows individuals to remain in their community instead of serving time in prison. The Massachusetts Probation Service (MPS) oversees probation sentences, aiming to keep communities safe and provide people on probation with rehabilitative tools to lead productive and law-abiding lives. Probation officers are assigned to help and monitor individuals during their probationary period, ensuring they comply with specific conditions set by the court. These conditions may include regular check-ins, abstaining from substances, maintaining employment or education, and participating in counselling or treatment programs.

Reducing Technical Violations:

Both the parole and probation systems in Massachusetts are undergoing a shift in approach. The focus is moving away from surveillance and towards support, aiming to address the individual needs of those under supervision. Technical violations, such as losing a job or failing to maintain stable housing, are being addressed through the use of "graduated sanctions." Probation officers are encouraged to provide support and address behaviours displaying bad behaviours rather than immediately declaring a probation violation. This approach aims to reduce recidivism and promote successful reintegration into the community.

Fines and Restitution

Restitution, on the other hand, is a type of punishment that requires individuals convicted of a crime to compensate their victims for any harm or loss caused by their actions. The defendant pays restitution to the victim or to a state restitution fund to compensate the victim for the harm done due to the crime. This may involve paying for medical expenses, property damage, or other related costs. In some cases, the "victim" is society, such as in welfare and Medicare fraud schemes, in which case defendants may be sentenced to pay the state back the money that was fraudulently taken.

In Massachusetts, default warrants are issued due to failure to pay fines, assessments, court costs, restitution, support payments, etc. These are noted in the warrant management system, and the court shall specify the amount owed, including an additional assessment of $50, which may be waived upon a finding of good cause or if it would cause financial hardship. Upon receipt of payment, the warrant against the person shall be discharged, and the individual shall be notified within seven days.

Community Service

In Massachusetts, community service is a form of punishment for minor offenses or as an alternative to incarceration. It is a common punishment for breaking the law, and it is used when an offender has been convicted of a crime that is not very serious. Community service is also known as community restitution, and it is intended to benefit the community harmed by the offender's crime.

Judges have a lot of discretion in what community service they can order, but the sentence must be related to the crime. For example, a bank executive who misappropriated bank funds may be ordered to volunteer for a community organization and donate funds to that organization. This benefits the community by acting as a deterrent to other potential offenders and providing restitution for the harm caused.

The specific community service program is devised based on the offense committed by the offender. For example, community service for a drug crime may involve helping drug abuse facilities. The benefits to both the community and the offender are considered when devising the program, with the aim of rehabilitating the offender and preventing reoffending.

The period of community service ordered by a judge cannot exceed the maximum sentence for the crime. For example, if the maximum sentence for a crime is ten years, the aggregate sentence, including community service, cannot exceed ten years.

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