Say NO to Elimination of Life Without Parole for First Degree Murderers in MA.-#LWOPstays
Say NO to Elimination of Life Without Parole for First Degree Murderers in MA.-#LWOPstays
The Issue
To: The Joint Judiciary Committee
From: The Undersigned, collectively referred to as “Opposition & Survivors Against Elimination of LWOP in MA.
Date: April 28th, 2021
Re: H.B.1797 - “An Act to Reduce Mass Incarceration”, aka “An Act to Release First-Degree Murderers.”
Position: Opposition to Elimination of Mandatory Life Without Parole for Adult First Degree Murder Convictions, Retroactively and Progressively.
Dear Honorable Committee Members,
We, Survivors Against Elimination of Life Without Parole in Massachusetts, and the undersigned individuals vehemently oppose H.B.1797, in whole and in part, for the reasons set forth herein. We are the survivors of those brutally murdered, taken by the hand of another, by choice, intentionally, with malice and aforethought. We are the parents, the siblings, the children of those who were murdered in the Commonwealth and their killers were rightfully convicted of first degree murder and justly sentenced to life without the possibility of parole pursuant to mandatory sentencing under the current statutory scheme. Or so we thought. We, along with a majority of the undersigned, have had the unspeakable trauma of losing a loved one to first degree murder and the only scintilla of solace in believing that our loved ones' killer has no opportunity to ever do that again in the free world. You have proposed that we must now face these killers and relive that unfathomable pain at parole hearings - a fate we never imagined when the sentences were imposed. However, this bill is not only void of ANY consideration for the victims' family and friends, it is also seriously lacking in any reasonable factual, constitutional, or public safety concerns.
M.G.L. c. 265 sec. 1 states that "murder committed with deliberately premeditated malice aforethought, or with extreme atrocity or cruelty, or in the commission or attempted commission of a crime punishable with death or imprisonment for life, is murder in the first degree." M.G.L. c. 265 sec. 2 establishes that "any person who is found guilty of murder in the first degree shall be punished by imprisonment in the state prison for life and shall not be eligible for parole pursuant to section 133A of chapter 127." Section 4 of the proposed bill seeks to eliminate all statutory references to life without parole sentences for adults convicted of first degree murder and, instead, seeks to introduce parole for all those sentenced to life after serving just 25 years. Astonishingly, Section 5 of the proposed bill would allow parole retroactively for those who have already served 25 years of their life sentences.
Retroactive parole for those who have already served twenty five years of their mandatory life sentence would not only detrimentally impact the parole board’s already strained resources, but would require families like ours who grieve for our loved ones everyday to prepare to face their killers again after assurances that they would never be released, It would also impose a tremendous burden on families who may not live within the Commonwealth and would have to travel to testify at said parole hearings.
H.B.1797, as written, is tacit as to whether first degree murderers would have more than one opportunity to appear before the parole board. It is my understanding, as written, that there would be only one chance at parole. However, I have been told that the drafting legislators may have intended to include parole every FIVE years thereafter. The enormous burden on the victims’ families is not only a time and financial commitment, but an emotional burden that would reopen old wounds that never truly close. What this unconscionable bill proposes disproportionately impacts the victims’ families. Please give consideration to families that live out of state or those that wish to move out of state and their ability to make themselves available for such parole hearings. Please give consideration to the victims’ aging family members who may not survive to attend such parole hearings.
When prosecuting first degree murder, the Commonwealth is tasked with being the advocate for the deceased on behalf of the people of the Commonwealth, to seek justice under the law, to ensure that the sentence imposed is just, and to ensure that dangerous individuals are taken off the street for the safety and well being of the public at large. This bill proposes to undo all of this. This bill proposes an unreasonable risk to the public. This bill proposes to impose an incredible burden on an already stressed parole system. This bill seeks to betray the victims, the very people who the Commonwealth is sworn to protect. Mercy to the guilty is cruelty to their innocent victims.
The bill suggests that its main purpose is to reduce the prison population within the Commonwealth. There is, however, no reasonable nexus between the bill, as drafted, and the alleged purpose of the bill. In fact, the Commonwealth has decided to suspend operations of two prisons because the prison population is currently at an all time low in large part due to an emergency order allowing the release of certain inmates during the coronavirus pandemic. [EN1] It is clear, therefore, that the prison population is not overcrowded due to first degree murderers, but because of lesser or non-violent offenders. We suggest that the legislation look toward reducing sentences for those offenders rather than the legally proven most violent and dangerous. Without a reasonable nexus between the purpose of the bill and the bill as applied, it will not pass constitutional muster.
After careful consideration of the bill, as drafted, we take issue with nearly every proposed change. First of all, this bill conflates two very separate and very distinct issues that cannot and should not be considered in one bill: eliminating life without parole for adult first degree murderers, and introducing elements of juvenile justice reform. We and the undersigned believe that the ability to rehabilitate and the rate of recidivism for juveniles and adults are far too disparate to be considered at once. This opposition does not speak to the proposed juvenile justice reform, though we do hope that such changes were made after significant research and understanding of child psychology and criminal psychology. The same cannot be said about the remainder of the bill.
As of February 21, 2021; 1,020 male and 25 female first degree murderers are incarcerated within the Massachusetts Department of Corrections. [EN2]. The overall prison population as of February 25, 2021 was 5,970, or 58% of its overall operational capacity. [EN3]. At 58% capacity, Massachusetts enjoys one of the lowest inmate population percentages in the country. In fact, according to the federal Bureau of Justice Statistics (“BJS”), the overall state and federal prison populations have been trending downward and in 2019, some of the lowest prison populations were reported. [EN4]. If the goal of the bill is to reduce mass incarceration, giving a second chance to the most violent offenders is the worst possible place to start, especially when the Commonwealth still imposes mandatory minimum sentences for non-violent drug offenses. Nevertheless, given the relatively low ratio of convicted first degree murderers in the overall prison population, this bill does discount the fact that there are tens of thousands of lives forever impacted by the loss of a loved and valued life.
It is important to distinguish between the violent and nonviolent offenders within the prison system and the threat of recidivism. In 2016, the BJS released data from a comprehensive five year study of state prisoners who were released after serving sentences for violent and non-violent crimes in 30 states. [EN5]. Bearing in mind that no state in the country allows for first degree murderers to be paroled, there is, therefore, no available data on recidivism rates for them. During the time of the study and of those released prisoners, 1.9% were in prison for homicide (including murder, nonnegligent manslaughter, or negligent manslaughter). Within five years of their release, 71.3% of all prisoners released for violent crimes were re-arrested for a subsequent crime. Id. Of the released prisoners who were convicted of homicide to a lesser degree than first degree murder, 2.1% committed a subsequent murder, the highest percentage of any type of offender overall. Id. These statistics are shocking.
Those who favor the bill highlight the use of life without parole for non-life taking offenses, such as accessory to felony murder and three-strike offenders, so to speak. [EN6]. Yet, this proposed bill goes far beyond the elimination of life without parole for offenders who have not taken a life. No other state in the union allows parole for First Degree Murders, defined in Massachusetts General Laws as; The crime of killing another person with “malice aforethought, or with extreme atrocity or cruelty” shall be punished by imprisonment in the state prison for life and shall not be eligible for parole.” M.G.L. c. 265 sec. 2. H.B.1797 is overbroad and far too overreaching in accomplishing the goal of reducing the prison population and eliminating mandatory life without parole sentences for those who are found guilty of first degree murder, the most violent offense that there is.
As is true for any inmate, first degree murderers have avenues of release including, but not limited to medical parole and appeals. First degree murder convictions in the Commonwealth are automatically appealed pursuant to M.G.L. c. 278 § 33E, which is intended to provide defendants with a comprehensive review of their convictions and to ensure that their appeals are finally adjudicated without undue delay. Recently, the Massachusetts Supreme Judicial Court has issued an order that appoints a special master to oversee such appeals to ensure expediency and finality. [EN7]. First degree murderers are afforded the opportunity of immediate and thorough review by the highest Court. The MSJC has had, therefore, numerous opportunities to address the constitutionality, appropriateness, and effectiveness of life without parole sentences for those convicted of the most atrocious and cruelest crimes.
Massachusetts has undergone progressive criminal justice reform in recent history. The death penalty was abolished in 1984 and life without parole was eliminated for juvenile offenders before the United States Supreme Court ruled it unconstitutional. Certain elements of this bill sound in Massachusetts’ progressive nature. However, parole for first degree murderers is unheard of in the United States. Every state in the country either sentences its first degree murders to life in prison or to death. There is no evidence to show that a first degree murderer can be rehabilitated. There is, however, volumes of empirical data to show that the offenders who are released from prison have a high rate of recidivism. In Massachusetts, of 2,411 criminally sentenced released to the community in 2015, 791 (33%) recidivated within three years of release and a majority of those recidivists (40%) were paroled. [EN8]. Thus, there is no evidence to support the bill’s suggestion that parole for the most violent offenders in the community would reduce the prison population because the data shows that 40% of parolees are reincarcerated within three years of release. Again, every other state in the country has either a life sentence or the death penalty for first degree murders. There is no proof, therefore, that first degree murderers can be rehabilitated and will not recidivate and we are not willing to take that risk.
Should this bill ever pass, please do not think for one moment that we will not fight harder and stronger than ever to ensure that no parole board will ever release a convicted first degree murderer in Massachusetts. It will be extremely difficult, painful, and insurmountably heartbreaking to have to relive our darkest moments, but we will and you will see that this callous bill is only hurting the survivors. H.B.1797 will impose nothing but distress and suffering to the countless survivors - family, friends, and witnesses - of the victims. A murder in the family is a real-life nightmare that never ends.
There must be severe consequences for those who commit Murder in the First Degree in Massachusetts - Murder committed with deliberately premeditated malice aforethought, or with extreme atrocity or cruelty. We do not convict first degree murderers lightly, there must be a preponderance of evidence. They must be held accountable for their brutal actions.
Thank you for your time and consideration on this matter. We trust that you will make the right choice and vote against this proposed bill.
Respectfully Submitted,
Opposition & Survivors Against Elimination of LWOP in Massachusetts
aka Say No to Elimination of LWOP in MA. - #LWOPstays
and The Undersigned
[Signatures on accompanying pages.]
*Survivors Against Elimination of LWOP in MA. will Say No to any bills that seek to Abolish Life Without Parole for First Degree Murderers.
*Because Death by Murder is Inhumane and We Demand Justice for Murder Victims. Permanent justice not temporary justice.
*Because First Degree Murderers do not deserve the second chance that they themselves denied to their own victims.
*Because a First Degree Murder conviction with a sentence of Life Without the Possibility of Parole means just that - The victims have Zero Second Chance. Period.
Endnotes;
1. https://www.wbur.org/news/2021/01/08/massachusetts-doc-suspends-operations-at-2-facilities
2. See https://www.mass.gov/doc/prison-population-trends-2019/download page 22, which at the time stated 1,059 males and 27 females were serving life sentences. The latest prison population trend report is not published on the Commonwealth’s website, but a request for public records produced a document that stated as of February 25, 2021, 1,045 prisoners are serving life without parole sentences, 25 of which are female.
3. https://www.mass.gov/doc/weekly-inmate-count-282021/download
4. https://www.bjs.gov/content/pub/pdf/p19.pdf
5. https://www.bjs.gov/content/pub/pdf/rprts05p0510_st.pdf
6. See, e.g., the Criminal Justice Policy Coalition Petition https://www.cjpc.org/uploads/1/0/4/9/104972649/petition_in_pdf.pdf?fbclid=IwAR32qX7wAK10uwFYw91iuVBjb6F5I_cenm3BmI4vCMwBWk34qHVA4tGwDCk
8. https://www.mass.gov/doc/three-year-recidivism-rates-2015-release-cohort/download
9. H.B1797, https://malegislature.gov/Bills/192/H1797
10, Survivors Against Elimination Of LWOP in MA. #LWOPstays, http://facebook.com/webelieveinjustice/
945
The Issue
To: The Joint Judiciary Committee
From: The Undersigned, collectively referred to as “Opposition & Survivors Against Elimination of LWOP in MA.
Date: April 28th, 2021
Re: H.B.1797 - “An Act to Reduce Mass Incarceration”, aka “An Act to Release First-Degree Murderers.”
Position: Opposition to Elimination of Mandatory Life Without Parole for Adult First Degree Murder Convictions, Retroactively and Progressively.
Dear Honorable Committee Members,
We, Survivors Against Elimination of Life Without Parole in Massachusetts, and the undersigned individuals vehemently oppose H.B.1797, in whole and in part, for the reasons set forth herein. We are the survivors of those brutally murdered, taken by the hand of another, by choice, intentionally, with malice and aforethought. We are the parents, the siblings, the children of those who were murdered in the Commonwealth and their killers were rightfully convicted of first degree murder and justly sentenced to life without the possibility of parole pursuant to mandatory sentencing under the current statutory scheme. Or so we thought. We, along with a majority of the undersigned, have had the unspeakable trauma of losing a loved one to first degree murder and the only scintilla of solace in believing that our loved ones' killer has no opportunity to ever do that again in the free world. You have proposed that we must now face these killers and relive that unfathomable pain at parole hearings - a fate we never imagined when the sentences were imposed. However, this bill is not only void of ANY consideration for the victims' family and friends, it is also seriously lacking in any reasonable factual, constitutional, or public safety concerns.
M.G.L. c. 265 sec. 1 states that "murder committed with deliberately premeditated malice aforethought, or with extreme atrocity or cruelty, or in the commission or attempted commission of a crime punishable with death or imprisonment for life, is murder in the first degree." M.G.L. c. 265 sec. 2 establishes that "any person who is found guilty of murder in the first degree shall be punished by imprisonment in the state prison for life and shall not be eligible for parole pursuant to section 133A of chapter 127." Section 4 of the proposed bill seeks to eliminate all statutory references to life without parole sentences for adults convicted of first degree murder and, instead, seeks to introduce parole for all those sentenced to life after serving just 25 years. Astonishingly, Section 5 of the proposed bill would allow parole retroactively for those who have already served 25 years of their life sentences.
Retroactive parole for those who have already served twenty five years of their mandatory life sentence would not only detrimentally impact the parole board’s already strained resources, but would require families like ours who grieve for our loved ones everyday to prepare to face their killers again after assurances that they would never be released, It would also impose a tremendous burden on families who may not live within the Commonwealth and would have to travel to testify at said parole hearings.
H.B.1797, as written, is tacit as to whether first degree murderers would have more than one opportunity to appear before the parole board. It is my understanding, as written, that there would be only one chance at parole. However, I have been told that the drafting legislators may have intended to include parole every FIVE years thereafter. The enormous burden on the victims’ families is not only a time and financial commitment, but an emotional burden that would reopen old wounds that never truly close. What this unconscionable bill proposes disproportionately impacts the victims’ families. Please give consideration to families that live out of state or those that wish to move out of state and their ability to make themselves available for such parole hearings. Please give consideration to the victims’ aging family members who may not survive to attend such parole hearings.
When prosecuting first degree murder, the Commonwealth is tasked with being the advocate for the deceased on behalf of the people of the Commonwealth, to seek justice under the law, to ensure that the sentence imposed is just, and to ensure that dangerous individuals are taken off the street for the safety and well being of the public at large. This bill proposes to undo all of this. This bill proposes an unreasonable risk to the public. This bill proposes to impose an incredible burden on an already stressed parole system. This bill seeks to betray the victims, the very people who the Commonwealth is sworn to protect. Mercy to the guilty is cruelty to their innocent victims.
The bill suggests that its main purpose is to reduce the prison population within the Commonwealth. There is, however, no reasonable nexus between the bill, as drafted, and the alleged purpose of the bill. In fact, the Commonwealth has decided to suspend operations of two prisons because the prison population is currently at an all time low in large part due to an emergency order allowing the release of certain inmates during the coronavirus pandemic. [EN1] It is clear, therefore, that the prison population is not overcrowded due to first degree murderers, but because of lesser or non-violent offenders. We suggest that the legislation look toward reducing sentences for those offenders rather than the legally proven most violent and dangerous. Without a reasonable nexus between the purpose of the bill and the bill as applied, it will not pass constitutional muster.
After careful consideration of the bill, as drafted, we take issue with nearly every proposed change. First of all, this bill conflates two very separate and very distinct issues that cannot and should not be considered in one bill: eliminating life without parole for adult first degree murderers, and introducing elements of juvenile justice reform. We and the undersigned believe that the ability to rehabilitate and the rate of recidivism for juveniles and adults are far too disparate to be considered at once. This opposition does not speak to the proposed juvenile justice reform, though we do hope that such changes were made after significant research and understanding of child psychology and criminal psychology. The same cannot be said about the remainder of the bill.
As of February 21, 2021; 1,020 male and 25 female first degree murderers are incarcerated within the Massachusetts Department of Corrections. [EN2]. The overall prison population as of February 25, 2021 was 5,970, or 58% of its overall operational capacity. [EN3]. At 58% capacity, Massachusetts enjoys one of the lowest inmate population percentages in the country. In fact, according to the federal Bureau of Justice Statistics (“BJS”), the overall state and federal prison populations have been trending downward and in 2019, some of the lowest prison populations were reported. [EN4]. If the goal of the bill is to reduce mass incarceration, giving a second chance to the most violent offenders is the worst possible place to start, especially when the Commonwealth still imposes mandatory minimum sentences for non-violent drug offenses. Nevertheless, given the relatively low ratio of convicted first degree murderers in the overall prison population, this bill does discount the fact that there are tens of thousands of lives forever impacted by the loss of a loved and valued life.
It is important to distinguish between the violent and nonviolent offenders within the prison system and the threat of recidivism. In 2016, the BJS released data from a comprehensive five year study of state prisoners who were released after serving sentences for violent and non-violent crimes in 30 states. [EN5]. Bearing in mind that no state in the country allows for first degree murderers to be paroled, there is, therefore, no available data on recidivism rates for them. During the time of the study and of those released prisoners, 1.9% were in prison for homicide (including murder, nonnegligent manslaughter, or negligent manslaughter). Within five years of their release, 71.3% of all prisoners released for violent crimes were re-arrested for a subsequent crime. Id. Of the released prisoners who were convicted of homicide to a lesser degree than first degree murder, 2.1% committed a subsequent murder, the highest percentage of any type of offender overall. Id. These statistics are shocking.
Those who favor the bill highlight the use of life without parole for non-life taking offenses, such as accessory to felony murder and three-strike offenders, so to speak. [EN6]. Yet, this proposed bill goes far beyond the elimination of life without parole for offenders who have not taken a life. No other state in the union allows parole for First Degree Murders, defined in Massachusetts General Laws as; The crime of killing another person with “malice aforethought, or with extreme atrocity or cruelty” shall be punished by imprisonment in the state prison for life and shall not be eligible for parole.” M.G.L. c. 265 sec. 2. H.B.1797 is overbroad and far too overreaching in accomplishing the goal of reducing the prison population and eliminating mandatory life without parole sentences for those who are found guilty of first degree murder, the most violent offense that there is.
As is true for any inmate, first degree murderers have avenues of release including, but not limited to medical parole and appeals. First degree murder convictions in the Commonwealth are automatically appealed pursuant to M.G.L. c. 278 § 33E, which is intended to provide defendants with a comprehensive review of their convictions and to ensure that their appeals are finally adjudicated without undue delay. Recently, the Massachusetts Supreme Judicial Court has issued an order that appoints a special master to oversee such appeals to ensure expediency and finality. [EN7]. First degree murderers are afforded the opportunity of immediate and thorough review by the highest Court. The MSJC has had, therefore, numerous opportunities to address the constitutionality, appropriateness, and effectiveness of life without parole sentences for those convicted of the most atrocious and cruelest crimes.
Massachusetts has undergone progressive criminal justice reform in recent history. The death penalty was abolished in 1984 and life without parole was eliminated for juvenile offenders before the United States Supreme Court ruled it unconstitutional. Certain elements of this bill sound in Massachusetts’ progressive nature. However, parole for first degree murderers is unheard of in the United States. Every state in the country either sentences its first degree murders to life in prison or to death. There is no evidence to show that a first degree murderer can be rehabilitated. There is, however, volumes of empirical data to show that the offenders who are released from prison have a high rate of recidivism. In Massachusetts, of 2,411 criminally sentenced released to the community in 2015, 791 (33%) recidivated within three years of release and a majority of those recidivists (40%) were paroled. [EN8]. Thus, there is no evidence to support the bill’s suggestion that parole for the most violent offenders in the community would reduce the prison population because the data shows that 40% of parolees are reincarcerated within three years of release. Again, every other state in the country has either a life sentence or the death penalty for first degree murders. There is no proof, therefore, that first degree murderers can be rehabilitated and will not recidivate and we are not willing to take that risk.
Should this bill ever pass, please do not think for one moment that we will not fight harder and stronger than ever to ensure that no parole board will ever release a convicted first degree murderer in Massachusetts. It will be extremely difficult, painful, and insurmountably heartbreaking to have to relive our darkest moments, but we will and you will see that this callous bill is only hurting the survivors. H.B.1797 will impose nothing but distress and suffering to the countless survivors - family, friends, and witnesses - of the victims. A murder in the family is a real-life nightmare that never ends.
There must be severe consequences for those who commit Murder in the First Degree in Massachusetts - Murder committed with deliberately premeditated malice aforethought, or with extreme atrocity or cruelty. We do not convict first degree murderers lightly, there must be a preponderance of evidence. They must be held accountable for their brutal actions.
Thank you for your time and consideration on this matter. We trust that you will make the right choice and vote against this proposed bill.
Respectfully Submitted,
Opposition & Survivors Against Elimination of LWOP in Massachusetts
aka Say No to Elimination of LWOP in MA. - #LWOPstays
and The Undersigned
[Signatures on accompanying pages.]
*Survivors Against Elimination of LWOP in MA. will Say No to any bills that seek to Abolish Life Without Parole for First Degree Murderers.
*Because Death by Murder is Inhumane and We Demand Justice for Murder Victims. Permanent justice not temporary justice.
*Because First Degree Murderers do not deserve the second chance that they themselves denied to their own victims.
*Because a First Degree Murder conviction with a sentence of Life Without the Possibility of Parole means just that - The victims have Zero Second Chance. Period.
Endnotes;
1. https://www.wbur.org/news/2021/01/08/massachusetts-doc-suspends-operations-at-2-facilities
2. See https://www.mass.gov/doc/prison-population-trends-2019/download page 22, which at the time stated 1,059 males and 27 females were serving life sentences. The latest prison population trend report is not published on the Commonwealth’s website, but a request for public records produced a document that stated as of February 25, 2021, 1,045 prisoners are serving life without parole sentences, 25 of which are female.
3. https://www.mass.gov/doc/weekly-inmate-count-282021/download
4. https://www.bjs.gov/content/pub/pdf/p19.pdf
5. https://www.bjs.gov/content/pub/pdf/rprts05p0510_st.pdf
6. See, e.g., the Criminal Justice Policy Coalition Petition https://www.cjpc.org/uploads/1/0/4/9/104972649/petition_in_pdf.pdf?fbclid=IwAR32qX7wAK10uwFYw91iuVBjb6F5I_cenm3BmI4vCMwBWk34qHVA4tGwDCk
8. https://www.mass.gov/doc/three-year-recidivism-rates-2015-release-cohort/download
9. H.B1797, https://malegislature.gov/Bills/192/H1797
10, Survivors Against Elimination Of LWOP in MA. #LWOPstays, http://facebook.com/webelieveinjustice/
945
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Petition created on April 27, 2021