The Kickham Comment - Boston Criminal Attorney Blog
My previous post on this topic talked about what mandatory minimum criminal sentencing is all about. Now I’ll speak to why it’s a bad idea. The principal reason advanced for enacting these kinds of law is deterrence: Make sure that no lenient (read: liberal) judge is allowed to reduce a sentence at all for certain […]
Search Results for: Mandatory Minimum Sentencing
Massachusetts Mandatory Minimum Sentencing
Recently, attorney David W. White Jr., President of the Massachusetts Bar Association, published a piece in The Boston Globe, “Fixing Our Criminal Sentencing System“, on the subject of mandatory criminal sentencing. For those of you who may not know, “mandatory minimum sentencing” laws are the Massachusetts state legislature’s (and many other state legislatures’) answer to […]
End Massachusetts Mandatory Minimum Drug Sentencing for Nonviolent Defendants – Part Two of Two
In my previous post on this subject, last week, I discussed how unjust, wasteful and counterproductive Massachusetts mandatory minimum drug sentences are. In today’s post I’ll provide some examples: If you bought or sold a little over an ounce of pot from a friend, or anyone, were charged under the relevant Massachusetts statute and found […]
End Massachusetts Mandatory Minimum Drug Sentencing – Part One of Two
Readers of this blog know that I’ve made my opposition to mandatory minimum sentences for drug offenses, well known. It is a foolhardy, unjust, wasteful, and expensive approach to sound legal policy when it comes to Massachusetts drug crimes. As a Massachusetts drug charges attorney, I know this all too well. In fact, I’ll call […]
Massachusetts Criminal Sentencing Reform – A Quick Look
Governor Charlie Baker signed legislation reforming a considerable amount of important laws in the Massachusetts criminal justice system this past April. So, how have those changes been going, on a day-to-day basis in the courts? At only 90 days out from the bill’s signing, it’s a little hard to say, but here’s a quick review […]
U.S. Attorney General Backs Drug Sentencing Reform Recommendations: Late, But Not Too Little.
Readers of this blog know my disdain for mandatory sentencing, whether for Massachusetts drug offenses, or a variety of other crimes. I’ve blogged previously about this subject, on more than one occasion. Some headway was made on this subject just the other day, when U.S. Attorney General Eric Holder endorsed proposals made by an independent […]
Mandatory Jail Sentences for Drug Convictions Within 1000 Feet of School Must Change
Just last week, I criticized Gov. Deval Patrick for his proposal to change the way public defenders are provided for indigent criminal defendants. Today, I want to do just the opposite: Commend him for another of his proposals dealing with criminal law. Specifically, Gov. Patrick should be lauded for his legislative initiative to repeal the […]
Massachusetts Drug Offenders To No Longer Have Drivers’ Licenses Suspended
Way back in 1988, at the beginning of the “get-tough-on-crime” push in Massachusetts for tougher criminal sentencing and mandatory minimum sentencing laws (a massive failure,) a law was passed requiring the Massachusetts RMV to suspend the drivers’ licenses of anyone convicted of a Massachusetts drug offense. Even a minor possession charge. What did this result […]
Massachusetts Drug Smuggling Cases: Are “Mules” Sometimes Victims, Too?
An arrest at Logan Airport earlier this week, alleging a Massachusetts drug offense, highlights an increasing problem in our nation’s increasingly ineffective “War on Drugs.” The arrest and charges involve a drug mule. A “mule” is a drug courier, who more often than not is not suspected of being a drug dealer, or being a […]
Massachusetts Criminal Assault & Battery Penalties Sought By State Nurses Association
Here’s an interesting development occurring at the intersection of criminal law and the healthcare field: The state’s largest nursing association is organizing support and lobbying for a bill giving nurses special protections from assault and battery by patients under their care. The legislation would put defendants found guilty of assault and battery against registered nurses […]