Does crime bill protect adequately?
Posted in the Fitchburg Forum
#1 Aug 3, 2012
Does crime bill protect adequately?
The crime bill Gov. Deval Patrick signed into law yesterday could justly be viewed as a small but significant step by the state to rein in the costly and devastating impact the nations war on drugs is wreaking on communities.
But the new law, which was driven by a desire to keep violent offenders behind bars for life, or to deny them parole opportunities, may end up mimicking some of the downsides of the war on drugs.
As I have reported in this space earlier this year, according to Law Enforcement Against Prohibition LEAP, an international organization of police officers, judges, prosecutors, prison wardens, Drug Enforcement Administration and FBI agents the war on drugs has made the United States one of the most punitive countries in the world.
Moreover, the drug war, launched with a $100 million price tag in 1970, now costs about $70 billion a year when federal, state and local funding are taken into account.
The law signed by Mr. Patrick yesterday will we hope create some modest reversal of the drug wars expensive and community-destroying incarceration trend in Massachusetts.
Among other things, the new law will reduce mandatory-minimum sentences for nonviolent drug offenders. According to the state office of Public Safety, it will save the state at least $2.5 million in annual prison costs by making 580 nonviolent drug offenders eligible for parole.
The law was largely triggered by the rape and murder of Melissa Gosule in 1999 by a felon with 27 prior convictions. It gathered steam two years ago when Woburn Police Officer John Maguire was shot and killed by repeat offender and suspected jewelry store robber Domenic Cinelli.
The new law would have kept Mr. Cinelli, who was killed in the shootout with Officer Maguire, behind bars for life.
Before the laws passage, there were 688 felony infractions in Massachusetts on which a third conviction could draw a defendant a maximum sentence with or without parole. Under the new law, 46 of those 688 felonies will now draw a defendant a maximum sentence without parole, including 19 that will draw life sentences.
Previously, only a murder conviction carried life without parole in the state.
Critics such as Leslie Walker of the Massachusetts Correctional Legal Services said she is concerned the new law defers too much to district attorneys and does not allow judges enough discretion in adjudicating the three-strike rule.
While armed robbery is one of the felonies that can draw a three-strike conviction, she noted that in Massachusetts a person can be charged with armed robbery without having a weapon on him.
If the victim thinks the defendant has a weapon, it can be classified as an armed robbery, she said.
A judge, she said, ought to have the discretion to look at a charge and decide that while it looks bad on paper, it does not warrant a three-strike conviction.
Without that discretion, defendants suffering from mental health and substance abuse, instead of being provided with the help they need, could end up serving the rest of their lives in prison, she said.
To automatically send people away for life or for long periods without parole is shortsighted, expensive and not a proven deterrent to crime, she told me yesterday.
It is an emotional bill.
Gov. Patrick also had reservations about the lack of discretion judges will have under the law.
#2 Aug 3, 2012
He was mindful, as many in the minority community are, that while 72 percent of all drug users and dealers in the United States are white, 60 percent of those in state prisons for drugs and 81 percent of those charged with federal drug violations are black.
He didnt want the new crime bill to exacerbate that trend in the state.
He even took the rare step of asking the Supreme Judicial Court whether a provision in the law that will allow a defendant with a third strike (habitual offender) an automatic appeal to the high court was sufficient protection.
Chief Justice Roderick Ireland responded that the automatic appeal would not provide the protection the governor sought, and the provision instead had the potential to overburden the high courts docket.
Mr. Patrick could have vetoed the bill, and I wish he had, because the state could have adequately dealt with its violent repeat offenders without creating the potential for some of the same harmful unintended consequences we are experiencing with the nations failed war on drugs.
#4 Aug 3, 2012
This bill is just that and nothing else but vengence seeking. Once again our leaders have allowed emotions and politics to be able to take over commonsense.
This bill will gridlock the courts as defendents seek full jury trials as they face life for crimes such as simple assault.
Many of these offenders will be acquited in trials while the man that steals a slice of pizza will be found guilty and sentenced to life at $40,000 a year.
Kids will lose their fathers over trivial matters for life.
This nazi approach is just that, unconstitutional and irresponsible.
Currently our judges are entrusted with sentencing. I need to point out that most of the most violent crimes are committed by first time offenders with a license to carry!
As we see in todays paper a correctional officer claims that he had a gun pointed at him by another officer in the past. This officer is now charged with pointing his gun at his wife and threatening to shoot himself.
Just over a year ago a correctional officer pointed a gun at bar patrons and then got killed in a shootout with state troopers.
The batman incident where dozens were killed. And the list goes onward. From the stock brocker in mass who cut his wifes heart out and placed it on a stake to the med student who killed the craigslist women.
I would guess that most violent crimes are committed by first time offenders or other offenders who had just drug and/or gun charges.
Breaking and entering to me is very dangerous and alarming. Our lawmakers have known for decades that parole lets out the worst candidates and refuses to parole to the rehabilitated inmates.
It is all about money! the parole board always has known that the rehabilitated will not return to jail so they keep them in at $40,000 a year so they can recieve these funds from the federal government.
Historically they have paroled inmates who are known inside as very non-rehabilitated to say the least inmates while refusing the rehabilitated ones.
Some will say that this bill is a get tough on crime bill but the could not be more wrong! The judges know what they are doing, let them do what they know how to do.
The fact of the matter is that crimes are committed by licensed carriers more than not! Domestic violence after domestic violence case often involves a license gun owner!
This new law will also have the correctional officers requesting more funds as the prisons become much more violent. With the increase in violence the state will no longer be rehabilitating as they will be molding non-violent inmates into being violent!
Lawmakers do not think at depth again! So a man could get life if he commits a simple crime? So if that person is 20 yrs old then incarceration will be on average 60 yrs Xs $40,000 ??????
The prisons in mass are already doubled capacity and the federal government said NO to more prisons in mass as mass ships them out to Texas.
#5 Aug 3, 2012
And just how many strikes have you had already?
#6 Aug 3, 2012
How many strikes have you had?
#7 Aug 3, 2012
As a kid growing up my dad would take me deep sea fishing every year. There are islands off the coast that you could build a giant prison Alcatraz style and take these dirt bags off the streets.
#8 Aug 3, 2012
The country is in insurmountable debt! They could double your tax and still be in debt. This debt may even take us into war with China!
They are cutting police budgets across the nation. There are murder/suicides on the rise everywhere.
Three strikes and you are out "sounds good" and that is all it does! This law brings about more killings of police, guards and citizens.
It is like the armored car law that puts guys in prison for life. All this did was force the robbers to kill all the employees in order to get rid of testimony that could put them away for life.
You are not realistic as you only offer jingles and themes instead of common sense! Judges across the nation have been handling things just fine. You are overstepping them in their professionalism! there is already laws such as career criminal laws that a judge can utilize to imprison someone for life.
Mandatory sentencing reverses any attempt at rehabilitation. Put a drug dealer in prison under a mandatory sentence and they attend ZERO rehabilitation programs! So when they get out they just attempt to be a better drug dealer.
People do not go for rehabilitation programs because the results are not evident due to the fact that they are working! No crime is taking place amoung the rehabilitated!
Your hardline has NEVER worked in society! People are becomming alarmingly desperate and despondent in society by the masses and you don't even see it coming! Citizens want to work!!!
If you could guarantee me 20 jobs today I could fill them by the afternoon!! The opportunity is not there and the control over society is becomming strained!
People who are employed are fortunate.
#11 Aug 3, 2012
Are you insane voter? You're trying to have a rational debate with someone who named themself 'Vengence seeker'. If you disagree he will say you are not a good Christian. I had no idea that what 'Good Christians' do is go out and seek vengence, I thought it was just the opposite.
#12 Aug 3, 2012
You are right, as soon as these criminals get out of jail they commit another crime. I say the police should shoot a criminal on sight and let GOD sort them out. A bullet is cheaper than sendidng a habitual rapist to prison just so he can get out and do it again.
#13 Aug 3, 2012
Why waste the bullet? It is a shame Alcatraz was closed...put them on an island and surround the island with technology that makes it impossible for them to leave...if they try, they die. They can become their own self-sufficient degenerate society...women on one island, men on another so they can't breed, so their own mortality takes care of the problem for us.
Just think, our prisons wouldn't be so over-crowded, we wouldn't have to feed and cloth them and listen to them whine about not having all the comforts of home, and no parole...the parole system is a joke.
#14 Aug 3, 2012
He is getting really scary. He hates cops, and those in authority, like university presidents and now he is going after Christians all because of the Chick-fil-a thing in the news. I am not sure who he is talking to or who he THINKS he is talking to, but he is way off balance. I hope he stays down in that cellar.
#15 Aug 3, 2012
Another thread, another time Lynch gets schooled on how very wrong and out of touch with reality he really is. Lunch presents his opinion as fact an along comes a poster who link to articles, reports and statistics that totally debunk the bike that Lynch is spewing.
You're a natural leader Lynch. Everything that comes out of your mouth is BS.
#16 Aug 3, 2012
And everyone here can see that, but he keeps going on and on and on. No one buys into anything he has to say, but he still rambles.
#17 Aug 5, 2012
You are just an idiot! Yea, just rough them up...ect... Brute force causes reactions you idiot! Your get tough on crime still hasn't worked, check other states!
In your life time, I am positive that you will end up shooting someone as you desire it too much!
What makes you better than the next guy? Please tell me! You are a big mouth, you get people going by slinging insults at them. Someone ends up punching you in that open mouth of yours and you have them put in jail.
You have false courage! You are a very selfish old man. You point fingers at everyone. Your solution to everything that you don't like is "kill them"or "lock them up and throw away the key".
Sounds easy enough for you, huh?? You are the real POS!!
#18 Aug 5, 2012
What if the other guy has a gun? I say everyone arrested should bring their case to trial so the courts get over riden with cases.
War with China is becomming more likely by the day. We need all of our resources to fight the Chinese.
#19 Aug 5, 2012
The laws just are not tough enough. For example if the court did the right thing and locked up a murderer for life he would never have the chance to stalk a man assault him and threaten the lives of the mans family.
#20 Aug 5, 2012
what does China have to do with anything? I think you need to take some ritalin.
#21 Aug 5, 2012
and are you referring to someone in particular?
#22 Aug 6, 2012
We have no examples of states getting tough on crime. You want to see tough on crime? Go to some other coutries like The Philippines, where a drug dealer is executed so they cannot hurt anyone else again. Its a concept known as "risk and reward" and I don't expect you to understand it because you have been rewarded for failure instead of success. You have a warped sense of right and wrong, and you've just honed your skills at playing our broken system
I have ZERO tolerance for law breakers which is why I say our justice system is a joke. If we had a truly just system of justice, the jails wouldn't be full because crime wouldn't pay as it does now.
What makes me better than you? Thats easy, I am a law-abiding citizen that believes that society works when people within that society operate within the laws and rules governing that society, and those laws are enforced.
You were convicted of manslaughter which means you killed someone because you can't control yourself. To even compare yourself with law-abiding people is a joke. You were able to plead to a lesser charge ONLY because our justice system has concluded that it is better for society to allow you to do that instead of spending the time and money to prosecute you for the real charge, "Murder 1".
You can thank our screwed up justice system for giving you the easy way out, so don't you dare talk to me about hard justice...you were in jail for 8 years, but a family in one soul short and you are at least partly responsible for that soul being gone.
Maybe if you learn how to read English, you can go back and read my post again...I didn't say I would kill anyone. I said I think it is just to put all of you angry and useles people on an island where you can't hurt anymore of us and let God and your own devices sort it out.
If you think you will ever see me write that a person that has killed someone or raped someone can be rehabilitated...if you think you will ever here me say that a drug dealer should not spend the rest of their life in a prison so they can't destroy others, you got the wrong guy.
You should be thankful I'm not a judge and wasn't on your case. If we didn't have sentances that could be pled out, issuesed the maximum sentances that could be imposed, and removed the ability for parole, made our prisons unpleasant instead of catering to inmates that think society owes them something beyond 3 meals and a bed, we wouldn't have crowded prisons.
#23 Aug 6, 2012
I guess I am going to have to agree with you when it comes to people not being rehabilitated. Lynch has proven that the programming in the prison system did not work with him. He has continued to live a life of crime since being released and he is certainly putting society at risk. It is not a risk that I would be willing to take. Our system certainly failed.
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