News from the courts/agencies

Thursday, May. 5, 2016
Trial Court establishes best practice principles in criminal sentencing
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The Massachusetts Trial Court has announced that the four Trial Court departments with criminal jurisdiction have issued comprehensive criminal sentencing reports, including best practice principles to assist judges in developing individualized, evidence-based sentences that are intended to improve offenders' chances of success upon release, reduce recidivism and better secure public safety.

"In response to the commitment made by Supreme Judicial Court Chief Justice Ralph Gants in his first State of the Judiciary address, I am pleased to report that the Trial Court has completed a thorough set of reports outlining principles to provide consistent, informed guidance to judges in determining sentences that are best suited to the adjudication of individual cases," said Trial Court Chief Justice Paula M. Carey.

The Sentencing Best Practice principles state that sentences should be proportionate to the gravity of the offense, the harm done to crime victims and the role of the offender. A sentence should be no more severe than necessary to achieve its purposes, and special conditions of probation should be narrowly tailored to the needs of the defendant, the public and the victim, because an excessive number of special conditions may increase rather than decrease the likelihood of recidivism. The principles also encourage judges to inform defendants at the time of sentencing that the court will consider early termination of their probation or lift some conditions if they fully comply.