Sentencing

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

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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 . . .

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The State of Bail in Massachusetts Following the Brangan Decision

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By M. Leonard

Bail sentencing that does not consider the financial ability of the defendant is unjust. “More than 60% across the country have not been convicted of any crime; “9 in 10 of those people are” detained solely for their inability to make bail. Cherise Fanno Burdeen, The Dangerous Domino Effect of Not Making Bail, The Atlantic (April 12, 2016). Massachusetts has long been active in incarcerating people merely for their inability to make bail, thus advocates for bail reform were excited when on August 25, 2017, the Massachusetts Supreme Judicial Court ruled in Brangan v. Commonwealth that judges must consider a defendant’s financial ability before setting a bail amount . . .