The Criminal Justice Committee supported several new anti-crime measures sponsored by acting Gov. Jane Swift yesterday at the State House.
Swift was meant to appear before the committee to testify for the new measures, but she backed out to announce her removal from the coming gubernatorial election at a simultaneous press conference. Deputy Chief Council Maureen Hogan testified in her place.
Hogan said the new legislation includes four main measures that will “better protect families, communities and victims of violent crimes.”
Hogan said the first measure would allow the Commonwealth to appeal criminal sentences, an action that before now only defendants could take.
“By allowing judges to give lenient sentences without allowing prosecutors to appeal, we hurt the public,” Hogan said. “Without fairness and balance, there is no justice. This makes sure that the sentences fit the crime and the individual who committed it.”
Former Gov. Paul Cellucci supported this measure in a letter to the Massachusetts Senate and House of Representatives in February 2001, in which he wrote, “This bill will give the public and victims this important protection by allowing prosecutors the right to appeal … all sentences.”
Sen. Cynthia Creem (D-First Middlesex, Norfolk), the co-chair of the committee, and Rep. Reed Hillman (R-Hampden) expressed support for the bill, but they questioned the cost of such appeals in Massachusetts’ current budget shortage.
According to Hogan, the cost of this appeal would be minimal, as the appeal would be limited to the criminal sentence.
“Within a matter of months, an appeal will be heard,” Hogan said. “It makes a lot of sense. It makes sense with the defense, so it would be good to extend the same rights to the Commonwealth.”
“It plagues the public mind when there is a sentence by a judge that doesn’t make sense,” Hillman said to Hogan. “I compliment you on this bill.”
The second measure in the legislation would require repeat offenders to serve sentences for every crime.
Hogan argued the importance of this measure, giving an example of three women raped at the same time by the same criminal. The cases would normally be lumped together, allowing the criminal to escape with only a five-year jail term. The new legislation would require the criminal to stand three consecutive trials.
Other measures regard punishment for repeat offenders and those who flee from arrest. According to Hogan, if a criminal has three prior crimes and was sentenced for more than six months, then the fourth crime would get the maximum sentence.
“This measure will close the revolving door that allows criminals to commit multiple crimes without doing serious time,” Hogan said. “It sends the wrong message, allowing people to get away with crime after crime after crime.”
The committee heard the arguments offered by Hogan before unanimously approving the measures.
“It is difficult to argue against any of the concepts put forth in these bills,” said Rep. Stephen Tobin (D-Norfolk), co-chairman of the Committee.
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