LWOP

Clemency Hearing Raises the Question of Whether Massachusetts’ Courts Are Ready to Extend the Prohibition on LWOP Sentences Beyond Eighteen

By Stevie Leahy

In 1997, William Allen was convicted of armed robbery and felony murder and is currently serving a sentence of life without parole (“LWOP”). At the time of these crimes, Mr. Allen was twenty years old. For individuals like Mr. Allen, the executive clemency process is currently the only avenue to correct the missteps of the legal system, specifically as to sentencing under since-changed laws. The urgent need for clemency in his case raises the broader question of whether LWOP sentences for late adolescents are even constitutional under the Massachusetts Declaration of Rights. Increased use of clemency as well as judicial action to extend the age limit are two measures that would also work toward mitigating disproportionate rates of incarceration for Black and Brown individuals within the state . . .

Legislation to Watch: Abolishing Life Without Parole

By Renna Ayyash

Seeking to continue the success of last session’s Criminal Justice Reform Act, St. 2018, c. 69, a number of currently proposed legislative bills aim to reprioritize rehabilitation, rather than punishment, in the Massachusetts’s prison system. The specific focus of this entry will be on An Act to Reduce Mass Incarceration, S.D. 533/H.D. 154, which would abolish the sentence of life without parole (LWOP), a sentence more than one in ten Massachusetts’ prisoners are serving. Ashley Nellis, Still Life: America’s Increasing Use of Life and Long-Term Sentences, The Sentencing Project (May 3, 2017). As this article hopes to illustrate, this proposed bill should be seriously considered for both pecuniary and financial reasons . . .