The Legacy of Len Bias by Jayson Hawkins How death of basketball star helped launch unjust war on drugs by Jayson Hawkins On June 19, 1986, Len Bias died of cardiac arrhythmia caused by a cocaine overdose. Bias was a basketball superstar at the University of Maryland and had been …

Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process by Douglas Ankney by Doug Ankney The Supreme Judicial Court of Massachusetts (“SJC”) announced the framework for deciding whether a defendant’s due process rights were violated where the defendant’s pretrial …

Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense by David Reutter by David M. Reutter The Supreme Judicial Court of Massachusetts found a trial court abused its discretion when it excluded an expert who sought to testify as to the cultural …

U.S. District Court Grants Compassionate Release Based Entirely on Nearly Three-Decade-Old Sentencing Error, Reduces Life Sentence by Dale Chappell by Dale Chappell Citing a sentencing error from 27 years ago, the U.S. District Court for the District of Massachusetts granted compassionate release to a man serving a life sentence for …

First Circuit: Government’s Mention of Co-Defendant’s Guilty Plea Before Jury Was Confrontation Clause Violation Warranting New Trial by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the First Circuit upheld the U.S. District Court for the District of Massachusetts’ order granting a new trial after the prosecutor …

Women, Incarceration, and Violent Crime, MA, 2021 Women,‌‌Incarceration,‌‌and‌‌Violent‌‌Crime:‌‌A‌‌Briefing‌‌in‌‌Response‌‌to‌‌ Plans‌‌for‌‌Building‌‌a‌‌New‌‌Women’s‌‌Prison‌‌in‌‌Massachusetts‌1‌ ‌ ‌ “[T]he‌‌effort‌‌to‌‌divide‌‌up‌‌the‌‌world‌‌into‌‌the‌‌violent‌‌and‌‌the‌‌nonviolent,‌‌or‌‌into‌‌any‌‌other‌‌sharply‌‌ drawn‌‌dichotomous‌‌categories,‌‌blinds‌‌us‌‌too‌‌often‌‌to‌‌the‌‌gradations‌‌that‌‌actually‌‌characterize‌‌ our‌‌collective‌‌life”‌‌(Sklansky,‌‌2021,‌‌p.‌‌5).‌ ‌ ‌ Introduction‌ ‌ The‌‌Massachusetts‌‌Department‌‌of‌‌Correction‌‌(DOC)‌‌has‌‌announced‌‌its‌‌intention‌‌to‌‌close‌‌ MCI-Framingham,‌‌the‌‌oldest‌‌functioning‌‌women’s‌‌prison‌‌in‌‌the‌‌country,‌‌by‌‌2024‌‌(Williams,‌‌ 2020).‌‌The‌‌primary‌‌state‌‌prison‌‌for‌‌women,‌‌MCI-Framingham‌‌currently‌‌houses‌‌fewer‌‌than‌‌200‌‌ women.‌2‌‌ ‌This‌‌number‌‌includes‌‌women‌‌awaiting‌‌trial‌‌as‌‌well‌‌as‌‌women‌‌sentenced‌‌on‌‌a‌‌wide‌‌ range‌‌of‌‌governing‌‌charges‌‌(Cannata‌‌et‌‌al.,‌‌2021).‌ ‌ To‌‌replace‌‌MCI-Framingham,‌‌Governor‌‌Baker’s‌‌administration‌‌plans‌‌to‌‌build‌‌a‌‌new‌‌women’s‌ prison‌‌or‌‌substantially‌‌renovate‌‌an‌‌unused‌‌men’s‌‌prison‌‌at‌‌an‌‌estimated‌‌cost‌‌of‌‌$50,000,000.‌ That‌‌sum‌‌is‌‌in‌‌addition‌‌to‌‌the‌‌operating‌‌cost‌‌of‌‌$162,000‌‌per‌‌woman‌‌per‌‌year‌‌(Cannata‌‌et‌‌al.,‌‌ 2021).‌‌ ‌ In‌‌response,‌‌coalitions‌‌of‌‌community‌‌organizations,‌‌academics,‌‌social‌‌workers,‌‌and‌‌attorneys‌‌ argue‌‌that‌‌the‌‌time‌‌has‌‌come‌‌to‌‌end‌‌the‌‌punitive‌‌policies‌‌that‌‌gave‌‌rise‌‌to‌‌mass‌‌incarceration;‌‌that‌‌ $50,000,000‌‌could‌‌be‌‌put‌‌to‌‌better‌‌use‌‌supporting‌‌housing,‌‌families,‌‌education,‌‌parks,‌‌local‌‌ businesses‌‌and‌‌services‌‌that‌‌build‌‌up‌‌people,‌‌not‌‌prisons‌‌(Building‌‌Up‌‌People‌‌Not‌‌Prisons,‌‌n.d.).‌‌ ‌ The‌‌population‌‌of‌‌women‌‌incarcerated‌‌for‌‌crimes‌‌labeled‌‌as‌‌violent‌‌has‌‌emerged‌‌as‌‌a‌‌sticking‌‌ point‌‌in‌‌efforts‌‌to‌‌balance‌‌concerns‌‌for‌‌public‌‌safety‌‌with‌‌the‌‌rights‌‌and‌‌well-being‌‌of‌‌women‌‌ and‌‌communities‌‌most‌‌impacted‌‌by‌‌pro-incarceration‌‌policies‌‌of‌‌the‌‌late‌‌20th‌‌and‌‌21st‌‌centuries.‌‌ ‌ To‌‌help‌‌ground‌‌these‌‌concerns‌‌in‌‌research,‌‌this‌‌briefing‌‌presents‌‌an‌‌overview‌‌of‌‌the‌‌scholarly‌‌ literature‌‌on‌‌women,‌‌violence,‌‌and‌‌crime.‌‌That‌‌literature‌‌is‌‌illustrated‌‌through‌‌the‌‌stories‌‌of‌‌real‌‌ women‌‌who‌‌have‌‌been‌‌incarcerated‌‌for‌‌crimes‌‌classified‌‌as‌‌violent‌‌in‌‌Massachusetts.‌ ‌ ‌ T ‌ his‌‌briefing‌‌was‌‌written‌‌by‌‌Rebecca‌‌Stone,‌‌Susan‌‌Sered,‌‌Amanda‌‌Wilhoit,‌‌and‌‌Cherry‌‌Russell‌‌together‌‌with‌‌ members‌‌of‌‌the‌W ‌ omen‌‌and‌‌Incarceration‌‌Project‌‌‌at‌‌Suffolk‌‌University.‌‌ …

The Paid Jailer - How Sheriff Campaign Dollars Shape Mass Incarceration ,l \,'1 f i ~I ,(' J-' t ~l~,\ -, :i., ,~ ~;~ ~ :,'JI h· t I . f) , y ' ·t, -,·'"<','I' Ii'·. I t .... I '' { l ' :i~.l t'I t..,,i.'J J,'l I …

Lifer's Group, MA, How the Massachusetts DOC Caused COVID-19 to Ravage State Prisons, 2021 WITHOUT A RATIONAL PLAN: How and Why the Massachusetts DOC Caused Covid-19 To Ravage State Prisons A Lifers' Group Reoort • I Prepared by Dirk Greineder, MD, PhD February 2021 Lifers' Group Inc. MCI-Norfolk P.O. :Rox …

Massachusetts Dept of Corrections, MA, Exploring Alternatives to Restrictive Housing, 2021 Elevating the System: Exploring Alternatives to Restrictive Housing Restrictive Housing Systems Study, Program Validation and Best Practice Recommendations Submitted March 2021 Independent Report Commissioned by the Massachusetts Department of Corrections (MADOC) CONTENTS 3 4 7 9 11 14 20 …

News in Brief by California: On March 12, 2021, federal prosecutors in California unsealed indictments against a pair of policemen accused of pocketing cash and drugs confiscated from suspects they pulled over in traffic stops. According to a report by Law &amp; Crime, former Rohnert Park Police Department officers Brendon …

Massachusetts Supreme Judicial Court Invalidates Parole Regulation Prohibiting Aggregation of Life Sentences With Consecutive Sentences by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts held that 120 Code Mass. Regs. &sect; 200.08(3)(c) (2017), a regulation promulgated by the Massachusetts Parole Board, is invalid because it &ldquo;is contrary …

Massachusetts Worst in Nation for Civil Forfeiture Laws by Dale Chappell by Dale Chappell The Institute for Justice announced in its latest Policy for Profit report that Massachusetts was the only state in the country to earn an &ldquo;F&rdquo; because of its unfair civil forfeiture laws. One reason is that …

Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only by Dale Chappell by Dale Chappell Because the law ambiguously provides that a court must impose the &ldquo;maximum term&rdquo; for a prison sentence for someone convicted as a &ldquo;habitual criminal,&rdquo; the Massachusetts Supreme Judicial Court, applying the …

Massachusetts Supreme Judicial Court Announces Blood Alcohol Test Results From Blood Drawn Under Court Order but Without Consent Is Inadmissible by Matthew Clarke by Matt Clarke The Supreme Judicial Court of Massachusetts held that consent to testing and analysis is required for the results of a blood alcohol test to …

A 22-Year-Long Path to Justice by Jayson Hawkins by Jayson Hawkins In October 1993, 19-year-old Sean Ellis was arrested by Boston police for the murder of Detective John Mulligan. For more than 22 years after that day, Ellis fought his subsequent conviction, continually professed his innocence, and brought much-&shy;needed attention …

News in Brief by Arizona: The family of 40-year-old Ryan Whitaker, who was fatally shot in the back by a police officer investigating a noise complaint, settled in December 2020 with the city of Phoenix for $3 million by unanimous City Council vote. Whitaker was shot in the doorway of …

Massachusetts Supreme Court Announces Requirement Prosecution Prove Defendant Knew Firearm Was Loaded Applies Retroactively by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts (&ldquo;SJC&rdquo;) concluded that the holding in Commonwealth v. Brown, 479 Mass. 600 (2018), which requires the Commonwealth to prove that a defendant knew a …

News in Brief by Alaska: A plan to shift the response to mental health crises away from police and into the hands of mental health professionals made strides in November 2020. The Assembly approved money to launch a mobile crisis intervention team. In Anchorage, it would operate at the fire …

Massachusetts Supreme Judicial Court Announces Use of Pole Cameras for Extended Surveillance of Residence Constitutes Search Under State Law by Douglas Ankney by Douglas Ankney The Supreme Judicial Court (&ldquo;SJC&rdquo;) of Massachusetts announced that continuous, long-term pole camera surveillance targeting a residence is a search under article 14 of the …

Massachusetts Supreme Judicial Court Vacates Guilty Plea Conditioned on Waiving Right to Pursue Claim Racial Bias Infected Jury Deliberations by David Reutter by David M. Reutter The Supreme Judicial Court of Massachusetts vacated a defendant&rsquo;s guilty plea to a sentencing enhancement as involuntarily entered. In doing so, the Court held …