Murder sentences for younger people in Massachusetts can be difficult to understand, as the sentence depends on a range of complex factors. Even the average criminal defense attorney in Boston might struggle to understand this sentencing system, which shows how difficult the criminal justice system can be for the average young defendant. Thankfully, the Committee for Public Counsel Services has released a helpful chart that simplifies this sentencing system.
The Legal Definition of “Emerging Adult”
The Committee begins by defining the legal term “emerging adult.” This category includes people between the ages of 18 and 20. This definition is important because the United States Supreme Court has decided that young people should not face the same punishments as adults. The Supreme Court has opined that young people lack mental maturity and a sense of responsibility while being more vulnerable to negative influences like peer pressure. Perhaps most notably, the Supreme Court has found that death penalties for children are unconstitutional.
The Committee then notes that the Supreme Judicial Court of Massachusetts went one step further, holding that life without parole for children is also unconstitutional. As a result, people between the ages of 18 and 20 cannot face life without the possibility of parole in Massachusetts. The next question is obvious: If these individuals cannot be sentenced to life without parole, then what will their murder sentences be?
Sentences Depend on the Time of Conviction and Degree
The chart released by the Committee for Public Counsel Services shows that for young adults charged with murder, sentences depend both on the conviction date and the degree of the charge.
First, those sentenced before August of 2012 can become eligible for parole within 15 years, regardless of the degree of their murder charges. Next, those sentenced between August 2012 and July 2014 can also become eligible for parole within 15 years, but courts may extend this eligibility wait to a maximum of 25 years. The court can use its discretion in these circumstances.
Finally, those sentenced after July 2014 become eligible for parole at different times depending on the degree of their murder charges. Those sentenced to first degree murder become eligible for parole after between 20 and 30 years. Those sentenced to first-degree murder with extreme atrocity or cruelty can only become eligible for parole after serving 30 years. Finally, those convicted of first degree murder with deliberate premeditated malice aforethought become eligible for parole after between 25 and 30 years.
Can a Defense Attorney in Boston Help With Murder Charges?
If you have been accused of murder, consider speaking with a criminal defense attorney in Boston as soon as possible. While this new chart simplifies the murder sentencing system, understanding your potential sentence is only one aspect of your defense. You also need to determine how to avoid or mitigate these penalties if possible. Continue this conversation by contacting Edward R. Molari today.