New Year Brings New Questions About Massachusetts' "Three Strikes" Law

Massachusetts recently enacted a controversial "three strikes" law that could mean increased sentences for some.

2013-02-01

February 01, 2013 (Press-News.org) The ringing in of a new year usually brings with it a renewed sense of hope and a feeling of endless possibilities. Opening the calendar to "January" is seen as a way of wiping the slate clean on past mistakes. This may be true for some, but the year isn't starting out that way for everyone in Massachusetts, particularly those now subject to what some are calling a draconian "three strikes" law.

"Melissa's Law"

The Massachusetts habitual offender law began as a well-intentioned idea by the family of a teacher killed in 1999. The person convicted of her murder had a lengthy criminal history comprising nearly 30 felony convictions, but was out on parole at the time of Melissa Gosule's death. Her family - and much of the state - was shocked by the fact that someone convicted of 27 felony-level crimes could ever be out on parole.

That is when the quest began for her family to lobby for the passage of "Melissa's Law," which would prevent someone with three or more convictions for certain crimes from being paroled or released without serving the full sentence required for each separate crime.

Sound premise, poor execution?

The rationale behind the new Massachusetts law is a sound one: ensure that punishment is proportional to criminal history and take steps to keep violent criminals incarcerated so that they may be rehabilitated. The execution of that noble cause, though, is flawed not only in Massachusetts, but also in several other states with similar habitual offender legislation.

The main problem that legal experts and defense advocates have with the new Massachusetts protocol is the lack of a so-called judicial "safety valve." Such a provision would allow judges to use their discretion when considering whether a past offense counts as a "strike" for sentencing purposes. The Massachusetts legislature debated a similar measure, but it was not included in the final bill signed into law by Governor Deval Patrick in 2012.

Some legal minds have gone so far as to say that the current law, without a safety valve provision, is akin to prosecutors having the ultimate right to sentence, since how they bring charges in the first place can have a huge impact on the possible consequences a defendant faces if convicted.

Other states - among them California, which has had a documented love/hate relationship with its own three strikes law for years now - have undergone challenges to their own habitual offender legislation after seeing prison populations spike and some people facing disparately high consequences for relatively minor offenses if they have a prior criminal history.

No matter what the circumstances, a criminal conviction is a serious matter. A criminal record can jeopardize future housing, career and educational opportunities, resulting in lifelong consequences for a single youthful indiscretion. If you or a loved one is facing Massachusetts criminal charges, you need to mount an aggressive defense and take steps to protect your rights; contact an experienced criminal defense attorney as soon as possible to get started.

Article provided by Milligan Coughlin LLC
Visit us at www.milligancoughlin.com/

ELSE PRESS RELEASES FROM THIS DATE:

New York Distracted Driving: Cell Phones Behind the Wheel Can Be Deadly

2013-02-01

The greater Rochester, N.Y., community remembers all too well and with pain the horrible, fiery motor vehicle accident in 2007 that killed 5 cheerleaders, just 17 and 18, who had just graduated from high school in suburban Fairport. The girls, all close friends, had just won a national cheerleading title and were on their way to a weekend getaway, when their SUV swerved into the wrong lane on a two-lane highway into the path of a semi truck. While the investigation into the SUV-truck crash found several possible contributing factors, it had to be particularly painful ...

Rising Divorce Rates Among Older Couples Bring Unique Concerns

2013-02-01

Older Americans are divorcing more often than in the past, raising particular issues for the divorcing spouses in particular, and for U.S. society in general, particularly in states such as Florida with high numbers of older residents. Two major areas of potential vulnerability exist for seniors who divorce in their later years: physical well being and financial security. The Bowling Green study A 2012 study of "gray divorce" has attracted significant national attention. Sociologists Susan L. Brown and I-Fen Lin looked in depth at existing research and at ...

Court to Rule on Use of "Mixed-Motive" Defense in Discrimination Cases

2013-02-01

A case pending before the California Supreme Court could have a major impact on plaintiffs' abilities to recover damages in employment discrimination cases. The case, Harris v. City of Santa Monica, asks the court to decide whether employers may assert the "mixed-motive" affirmative defense to avoid liability in employment discrimination claims brought under the California Fair Employment and Housing Act. Harris, the plaintiff in the case, was hired by the City of Santa Monica ("the City") as a bus driver trainee. As a trainee Harris had one "preventable ...

Holiday Arguments May Lead to More Charges for Domestic Violence

2013-02-01

When a couple spends a lot of time together, it is no surprise that the occasional argument will take place. A problem occurs, however, when these arguments escalate and lead to domestic violence. During the holiday season, authorities were on the look-out for domestic violence crimes. Several authorities, including members of the State Police, have stated that they typically see issues with domestic violence around the holiday season. They acknowledge, however, that evidence of a greater amount of domestic violence during the holidays is based more on practical experience ...

Virginia's Silent Danger: Hybrid Cars??

2013-02-01

Since their introduction, hybrid cars have been touted for their "green" technology and fuel efficiency. And while their fuel economy can hardly be disputed, their silent operation at low speeds has created some safety concerns for the pedestrians who cannot hear the cars bearing down on them. Accordingly, the National Highway Traffic Safety Administration (NHTSA) recently recommended requiring hybrid and electric cars to meet minimum sound standards so that pedestrians are aware of the their presence - hopefully reducing pedestrian accidents here in Virginia, ...

Theft of Tax Refunds is on the Rise

2013-02-01

A recent government report indicates that the number of tax refunds being stolen is increasing at an alarming rate. This type of theft occurs when a person steals another's identity and then uses the stolen identity to file a fraudulent tax return and collect a refund. According to a report issued by the United States Government Accountability Office, or GAO, there has been a striking 62 percent increase in the amount of tax fraud being used to steal refunds in 2012 from the previous year. Tax fraud and identity theft This combination of tax fraud and identity theft ...

Provost Umphrey Law Firm Tackles Women's Health Issues

2013-02-01

Provost Umphrey Law Firm, L.L.P., announces a new priority in taking a leading role in pursuing women's health-related litigation. "Over the past several years, our firm has focused its resources in a large part on women's health issues such as breast cancer and birth control devices," said Provost Umphrey attorney Christopher Kirchmer, who practices personal injury trial law focusing on pharmaceutical and medical device product liability. "It is important for women to be aware of current drug and product recalls because if you have a problem related to ...

NTSB Seeks to Require Interlock Devices for DUI Offenders

2013-02-01

The National Transportation Safety Board seeks to ensure all motorists on the nation's roadways are as safe as possible. Drunk driving accidents are a major concern for the NTSB, accounting for up to one-third of all fatal accidents in the nation, according to its data. The federal organization has recently released a recommendation for states to require the use of interlock devices for DUI offenders. Michigan already requires the use for drivers who are arrested with blood-alcohol contents above twice the legal limit. The recommendation is non-binding and is only a ...

Attend Flashdance -The Musical at the Fox Theater and Stay at Nearby Holiday Inn Express & Suites Atlanta Perimeter Mall Hotel

2013-02-01

The Holiday Inn Express & Suites N-Atlanta Perimeter Mall Hotel, located in Sandy Springs, GA, offers affordable and nearby lodging to guests attending Flashdance-The Musical at Atlanta's Fox Theater. The National Broadway Tour comes to Atlanta for a weeklong run February 5-10, 2013. Based on the popular 1983 film, Flashdance is the story of a young dancer striving to achieve her dream. Ticket prices start at $46 and can be purchased at www.foxtheatre.org. "We are pleased to welcome guests attending Flashdance-The Musical at Atlanta's Fox Theater," explains ...

Prompt Proofing Blog Post: Grammar Tips - A Matter of Interest

2013-02-01

If something interests you then it is interesting or you have an interest in it - no problem here. However, if it doesn't interest you - how do you describe your state of mind? The fact that there appear to be two antonyms for 'interested' - 'uninterested' and 'disinterested' - leads to confusion for many people and misuse of one or other of these words is common. Actually, the antonym to interested is 'uninterested'. I am very interested in golf but my husband is completely uninterested; he prefers to play tennis. Disinterested is not the opposite of interested; ...

LAST 30 PRESS RELEASES:

Researchers clarify how ketogenic diets treat epilepsy, guiding future therapy development

PsyMetRiC – a new tool to predict physical health risks in young people with psychosis

Island birds reveal surprising link between immunity and gut bacteria

Research presented at international urology conference in London shows how far prostate cancer screening has come

Further evidence of developmental risks linked to epilepsy drugs in pregnancy

Cosmetic procedures need tighter regulation to reduce harm, argue experts

How chaos theory could turn every NHS scan into its own fortress

Vaccine gaps rooted in structural forces, not just personal choices: SFU study

Safer blood clot treatment with apixaban than with rivaroxaban, according to large venous thrombosis trial

Turning herbal waste into a powerful tool for cleaning heavy metal pollution

Immune ‘peacekeepers’ teach the body which foods are safe to eat

AAN issues guidance on the use of wearable devices

In former college athletes, more concussions associated with worse brain health

Racial/ethnic disparities among people fatally shot by U.S. police vary across state lines

US gender differences in poverty rates may be associated with the varying burden of childcare

3D-printed robotic rattlesnake triggers an avoidance response in zoo animals, especially species which share their distribution with rattlers in nature