Crime in Massachusetts

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Crime in Massachusetts refers to crime occurring within the U.S. State of Massachusetts.

Contents

Violent crime rates by municipality (2020) Mass. Municipal Crime Rates.png
Violent crime rates by municipality (2020)

Capital punishment laws

Capital punishment is not applied in this state. [1] However, the Constitution of the Commonwealth of Massachusetts explicitly authorizes the Massachusetts Legislature (General Court) to enact statutes providing for capital punishment. [2] Since the abolition of capital punishment in the Commonwealth, attempts have been made by supporters of capital punishment to reestablish it in Massachusetts; however, these attempts have failed in the Legislature.

Criminal law

Current prisoners convicted of felonies may not vote. However, Massachusetts does not prohibit former prisoners convicted of felonies from voting.

Massachusetts' conspiracy law is broader than most other states in the nation, as it does not require a direct act. If a felony were discussed, it would constitute conspiracy though no one took any overt action. [3]

See also

Related Research Articles

A felony is traditionally considered a crime of high seriousness, whereas a misdemeanour is regarded as less serious. The term "felony" originated from English common law to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.

A misdemeanor is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service.

<span class="mw-page-title-main">Treason</span> Crime of betraying ones country

Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor.

Disfranchisement, also called disenfranchisement, or voter disqualification is the restriction of suffrage of a person or group of people, or a practice that has the effect of preventing a person exercising the right to vote. Disfranchisement can also refer to the revocation of power or control of a particular individual, community or being to the natural amenity they have; that is to deprive of a franchise, of a legal right, of some privilege or inherent immunity. Disfranchisement may be accomplished explicitly by law or implicitly through requirements applied in a discriminatory fashion, through intimidation, or by placing unreasonable requirements on voters for registration or voting. High barriers to entry to the political competition can disenfranchise political movements.

<span class="mw-page-title-main">Capital punishment in the United States</span> Legal penalty in the United States

In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 states and in the federal capital, Washington, D.C. It is usually applied for only the most serious crimes, like aggravated murder. Although it is a legal penalty in 27 states, 20 states have the ability to execute death sentences, with the other seven, as well as the federal government, being subject to different types of moratoriums. The existence of capital punishment in the United States can be traced to early colonial Virginia. Along with Japan, Singapore, and Taiwan, the United States is one of four advanced democracies and the only Western nation that applies the death penalty regularly. It is one of 54 countries worldwide applying it, and was the first to develop lethal injection as a method of execution, which has since been adopted by five other countries. The Philippines has since abolished executions, and Guatemala has done so for civil offenses, leaving the United States as one of four countries to still use this method. It is common practice for the condemned to be administered sedatives prior to execution, regardless of the method used.

Capital punishment is a legal penalty in the U.S. state of Utah.

The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.

Gregg v. Georgia, Proffitt v. Florida, Jurek v. Texas, Woodson v. North Carolina, and Roberts v. Louisiana, 428 U.S. 153 (1976), is a landmark decision of the U.S. Supreme Court. It reaffirmed the Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon Gregg. The set of cases is referred to by a leading scholar as the July 2 Cases, and elsewhere referred to by the lead case Gregg. The court set forth the two main features that capital sentencing procedures must employ in order to comply with the Eighth Amendment ban on "cruel and unusual punishments". The decision essentially ended the de facto moratorium on the death penalty imposed by the Court in its 1972 decision in Furman v. Georgia 408 U.S. 238 (1972).

An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur. Attempt to commit a particular crime is a crime, usually considered to be of the same or lesser gravity as the particular crime attempted. Attempt is a type of inchoate crime, a crime that is not fully developed. The crime of attempt has two elements, intent and some conduct toward completion of the crime.

Coker v. Georgia, 433 U.S. 584 (1977), held that the death penalty for rape of an adult woman was grossly disproportionate and excessive punishment, and therefore unconstitutional under the Eighth Amendment to the U.S. Constitution. A few states continued to have child rape statutes that authorized the death penalty. In Kennedy v. Louisiana (2008), the court expanded Coker, ruling that the death penalty is unconstitutional in all cases that do not involve homicide or crimes against the State.

<span class="mw-page-title-main">Capital punishment in Germany</span> Overview of capital punishment in Germany

Capital punishment in Germany has been abolished for all crimes, and is now explicitly prohibited by constitution. It was abolished in West Germany in 1949, in the Saarland in 1956, and East Germany in 1987. The last person executed in Germany was the East German Werner Teske, who was executed at Leipzig Prison in 1981.

Most jurisdictions in the United States of America maintain the felony murder rule. In essence, the felony murder rule states that when an offender kills in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. It means that the common law malice required for murder is "implied as a matter of law for homicides arising from felonies." It is a widely criticized feature of American criminal law. Initially, it was widely believed by scholars that the felony murder rule had originated in England. However, more recent scholarship has argued that it likely originated in America separately from England. Its historic roots have been called "deep but terribly obscure".

Capital punishment was abolished in Colorado in 2020. It was legal from 1974 until 2020 prior to it being abolished in all future cases.

Rummel v. Estelle, 445 U.S. 263 (1980), was a United States Supreme Court case in which the Court upheld a life sentence with the possibility of parole under Texas' three strikes law for a felony fraud crime, where the offense and the defendant's two prior offenses involved approximately $230 of fraudulent activity.

Capital punishment, more commonly known as the death penalty, was a legal form of punishment from 1620 to 1984 in Massachusetts, United States. This practice dates back to the state's earliest European settlers. Those sentenced to death were hanged. Common crimes punishable by death included religious affiliations and murder.

In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.

<span class="mw-page-title-main">Capital punishment in Mississippi</span> Overview of the use of capital punishment in the U.S. state of Mississippi

Capital punishment is a legal penalty in the U.S. state of Mississippi.

<span class="mw-page-title-main">Felony disenfranchisement in the United States</span> Prohibiting criminals from voting in elections in the United States

Felony disenfranchisement in the United States is the suspension or withdrawal of voting rights due to the conviction of a criminal offense. The actual class of crimes that results in disenfranchisement vary between jurisdictions, but most commonly classed as felonies, or may be based on a certain period of incarceration or other penalty. In some jurisdictions disfranchisement is permanent, while in others suffrage is restored after a person has served a sentence, or completed parole or probation. Felony disenfranchisement is one among the collateral consequences of criminal conviction and the loss of rights due to conviction for criminal offense. In 2016, 6.1 million individuals were disenfranchised on account of a conviction, 2.47% of voting-age citizens. As of October 2020, it was estimated that 5.1 million voting-age US citizens were disenfranchised for the 2020 presidential election on account of a felony conviction, 1 in 44 citizens. As suffrage rights are generally bestowed by state law, state felony disenfranchisement laws also apply to elections to federal offices.

In the United States, there are both federal and state laws prohibiting treason. Treason is defined on the federal level in Article III, Section 3 of the United States Constitution as: "only in levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort." Most state constitutions include similar definitions of treason, specifically limited to levying war against the state, "adhering to the enemies" of the state, or aiding the enemies of the state, and requiring two witnesses or a confession in open court. Fewer than 30 people have ever been charged with treason under these laws.

Felony disenfranchisement in Florida is currently a contentious political issue in Florida. Though the general principle of felony disenfranchisement is not in dispute, the disenfranchisement of people who had been convicted of a felony and have served their sentence — that includes prison, bail and parole — but continue being barred from voting if they have outstanding fines, fees or restitution obligations is in contention. Prior to January 8, 2019, when Amendment 4 came into effect, people convicted of a felony effectively lost their right to vote for life, as it could only be restored by the governor as an act of clemency, which rarely occurred. Florida was one of four states with a lifetime ban, the others being Iowa, Kentucky and Virginia.

References

  1. "Facts about capital punishment - the death penalty".
  2. See article of amendment CXVI of the Massachusetts Constitution.
  3. Lavoie, Denise (6 September 2010). "Man appeals conviction in murder conspiracy". Burlington, Vermont: Burlington Free Press. pp. 7A. Archived from the original on 3 April 2012.