Massachusetts Sentencing Guidelines for Murder
The Massachusetts Sentencing Guidelines provide a structured framework for sentencing in the Commonwealth. The guidelines include a sentencing grid that considers offense seriousness level and criminal history category.
Massachusetts Sentencing Guidelines for Murder
Source: Massachusetts Trial Court Law Library / Massachusetts Sentencing Commission
URL: https://www.mass.gov/law-library/massachusetts-sentencing-guidelines
Date: Current
Overview
The Massachusetts Sentencing Guidelines provide a structured framework for sentencing in the Commonwealth. The guidelines include a sentencing grid that considers offense seriousness level and criminal history category.
Murder Sentencing under Massachusetts Law
Statutory Provisions
Massachusetts General Laws Chapter 265, Section 1: Murder
Massachusetts General Laws Chapter 265, Section 2: Punishment for murder; parole; executive clemency
First-Degree Murder
(a) Except as provided in subsection (b), any person who is found guilty of murder in the first degree shall be punished by imprisonment in the state prison for life and shall not be eligible for parole pursuant to section 133A of chapter 127.
(b) Any person who is found guilty of murder in the first degree who committed the offense on or after the person's fourteenth birthday and before the person's eighteenth birthday shall be punished by imprisonment in the state prison for life and shall be eligible for parole after the term of years fixed by the court pursuant to section 24 of chapter 279.
Second-Degree Murder
(c) Any person who is found guilty of murder in the second degree shall be punished by imprisonment in the state prison for life and shall be eligible for parole after the term of years fixed by the court pursuant to section 24 of chapter 279.
Commutation
(d) Any person whose sentence for murder is commuted by the governor and council pursuant to section 152 of chapter 127 shall thereafter be subject to the laws governing parole.
Sentencing Guidelines Grid
Mandatory Offenses
| MGL | Offense | Offense Seriousness Level | Type | Mand. Time | Min H/C | Max H/C | Min Prison | Max Prison |
|---|---|---|---|---|---|---|---|---|
| c. 265 s. 1 | Murder, first degree | 9 | Felony | Life | NA | NA | NA | Life |
| c. 265 s. 1 | Murder, first degree by a minor, w/ extreme atrocity/cruelty | 9 | Felony | 30 years | NA | NA | 30 years | Life |
| c. 265 s. 1 | Murder, first degree by a minor, w/ premeditated malice aforethought | 9 | Felony | 25 years | NA | NA | 25 years | Life |
| c. 265 s. 1 | Murder, first degree by a minor | 9 | Felony | 20 years | NA | NA | 20 years | Life |
| c. 265 s. 1 | Murder, second degree | 9 | Felony | 15 years | NA | NA | 15 years | Life |
Sentencing Grid Overview
The sentencing guidelines grid contains three zones:
1. Green Zone (Intermediate Sanctions Only): Only intermediate sanctions are within the guidelines. To impose a sentence of incarceration, a judge must depart from the guidelines.
2. Yellow Zone (Dispositional Alternatives): Both incarceration and intermediate sanctions are within the applicable guidelines.
3. Red Zone (Incarceration Only): For more serious crimes, intermediate sanctions are not within the applicable guideline ranges. To impose an intermediate sanction, the sentencing judge must depart from the guidelines.
Level 9 Offenses (Murder)
For Level 9 offenses (including murder), the sentencing range is:
Key Points
1. First-degree murder carries a mandatory sentence of life imprisonment without parole (except for juvenile offenders)
2. Second-degree murder carries a sentence of life imprisonment with parole eligibility after a minimum term (minimum 15 years)
3. Juvenile offenders convicted of first-degree murder may be eligible for parole after a fixed term of years (20-30 years depending on circumstances)
4. The sentencing guidelines grid provides recommended ranges, but judges may depart from the guidelines in certain circumstances
5. Mandatory minimums apply to murder convictions and cannot be reduced by the sentencing judge