Monday, March 22, 2021

Criminal Justice Reform Needs More Work

Prison and Criminal justice reform is finally making the public aware that our court systems need a change. Celebrities such as Kim Kardashian, Meek Mills and Ellen Degeneres all support the reform. Even Donald Trump has eliminated mandatory life sentences for non-violent offenders in Federal prisons. In Massachusetts, Governor Charlie Baker repealed mandatory minimum sentences for certain drug offenses.
      Nevertheless, there are still men and women in prison, who are serving a life sentence for murder, but never committed the murder or intended for a victim to die. In many states, it is called "joint venture felony-murder". Which means, only a felony must be committed to be found guilty on murder. In some cases, you do not need an intent to commit the crime to be found guilty.
       For example, if you are associated with a group and you are at an event with other group members. An arguments then breaks out among a member and a stranger. The member then shoots and kill the stranger. Although you have nothing to do with the argument and shooting, you may be charge with joint venture due to your association.
      In the Massachusetts case of  Commonwealth v. Brown 477 Mass. 805, a defendant gives his friends a firearm and some hooded clothes. His friends then commit a robbery and murder. Although the defendant did not plan the robbery nor was he there to witness it, he was sentenced to a life sentence for the crime of murder. An accessory before the fact would be more consonant with justice.
      There are a number of young men and women from urban communities, who has made a wrong choice, similar to Brown. Should every gun dealer be sentence to life, if the gun he sold was used in a crime? I believe not.
      The Supreme Justice Court of Massachusetts has changed the prongs of felony murder due to the Brown case. Prosecutors now have to prove an intent to kill from each defendant charged. This change has not help the many who are still serving a life sentence. The Supreme Justice Court refuses to make their ruling retroactive.
      There is more work needed to reform the criminal justice system for men and women convicted of  someone else's reckless behavior. Nothing is being done due to the fact it is a violent charge. Although, many serving life, has never touched a weapon, neither acted violently themselves, nor witnessed the violent crime they are charged with.

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