Decision

Decision Commonwealth v. Plasse

Date: 01/10/2019
Organization: Massachusetts Supreme Judicial Court

Commonwealth v. Plasse
Supreme Judicial Court, January 10, 2019
(Sentencing/Drug Rehabilitation)

 

The Court declined to adopt the federal approach in Tapia v. United States, 564 U.S. 319 (2011), in which, “ the United States Supreme Court relied upon express language in the Federal Sentencing Reform Act that directs a Federal judge, when sentencing, to recognize that ‘imprisonment is not an appropriate means of promoting correction and rehabilitation.’"

In this case, after a probation violation hearing, when setting the length of the defendant’s sentence, the judge did not abuse his discretion when he took into account the time requirements of a rehabilitative program that the defendant herself requested to enter.

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