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Introduction
Sentencing Guidelines
Introduction
The
Massachusetts Sentencing Commission was established in 1994 by the
truth in sentencing law as a response to the escalating concern
for sentencing reform. The goal of the commission is to promote
truth in sentencing by developing uniform sentencing guidelines,
including guidelines for the appropriate use of intermediate sanctions.
On
April 11, 1996, the commission submitted its Report to the General
Court, culminating an intense two-year effort of research, debate,
and deliberations. The result is a comprehensive and balanced set
of guidelines that will provide greater uniformity and certainty
in sentencing so that victims and offenders alike will understand
the meaning and effect of the sentence imposed. The guidelines will
promote fairness and reduce disparity while preserving that degree
of judicial discretion necessary to fashion the sentence appropriate
for the individual offender and the specific offense.
The
Report to the General Court, which was unanimously adopted
by commission members, presents the philosophical and policy bases
for the guidelines. The recommendations of the Report have
been incorporated into the sentencing guidelines legislation, which
is presently before the Legislature. If passed, the policies and
procedures contained in this Sentencing Guide would become
effective. Until then, they should be considered proposed policies
and procedures.
The
purpose of this document is to provide a practical guide for the
application of the guidelines in sentencing a convicted defendant.
Ten specific steps are set forth and a set of attachments is included
for reference. The objective is to give "hands-on" directions
for making the sentencing guidelines operational. The audience is
intended to be judges, prosecutors, defense counsel, probation personnel,
and others concerned with the practical application of the sentencing
guidelines.
| Determining
the offense seriousness level of each current conviction by
referring to the Master Crime List. |
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| The
Master Crime List contains over 1,800 offenses, each ranked
and placed into one of nine levels of seriousness. To determine
the offense seriousness level of a particular crime, locate
the offense on the Master Crime List using either the offense
name (offense) or General Law reference (offense reference).
The offense seriousness level is indicated to the left of each
entry. |
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| Where
multiple offense convictions result from the same criminal conduct,
the most serious offense according to the rankings in the Master
Crime List should be treated as the governing offense for determining
the base sentence. |
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| Considerations |
Staircasing
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Some crimes broadly
defined to encompass a wide range of behavior were staircased
(i.e., placed at more than one level on the sentencing guidelines
grid) based on a specified factor. These offenses are identified
by a notation on the Master Crime List. When offenses are
staircased, determine the appropriate level by taking into
account:
- the value of
property lost (e.g., Larceny); or
- the degree of
injury to victim (e.g., Assault and Battery with a
Dangerous Weapon); or
- the display
of a gun (e.g., Armed Robbery); or
- dwelling versus
non-dwelling (e.g., Breaking and Entering).
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illustration
1: An Assault and Battery with a Dangerous Weapon resulting
in no or minor injury has been placed at offense seriousness
level 3; resulting in moderate injury at offense seriousness
level 4; and resulting in significant injury at offense seriousness
level 6. Degree of injury is defined in Attachment
A. |
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Ranking
Misdemeanors
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If a misdemeanor
does not appear on the Master Crime List its offense
seriousness level may be determined by its maximum sentence
by statute, such that:
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- Level
2: Maximum statutory penalty of incarceration for more
than 6 months up to and including 2 1/2 years.
- Level
1: Maximum statutory penalty of incarceration for 6 months
or less.
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Second
and Subsequent Convictions
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| There
are certain offenses for which the statute sets forth a more
severe penalty upon a second or subsequent conviction (e.g.,
Assault to Rape). In these cases the offense has been elevated
one level on the offense seriousness scale. |
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Illustration
2: The offense of Assault to Rape has been placed at offense
seriousness level 6. The offense of Assault to Rape - Subsequent
Offense has been placed at offense seriousness level 7
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| Where
the offense is already at Level 8 (e.g., Home Invasion) and
could not be elevated one level, the guidelines call for the
offender to be moved over one cell to the right. |
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Offenses
Punishable By Fine Only
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guidelines do not apply to offenses punishable only by a fine
(e.g., failure to report hazing). For purposes of criminal history,
these offenses have been assigned to offense seriousness level
1. |
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Continue
to Step 2
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