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Shackling of Juveniles
On March 1, 2010, the Chief Justice of the Massachusetts Trial Court issued a new policy on shackling of juveniles. The new policy states that there is a “presumption against the use of restraints while juveniles appear in a courtroom before a Justice of the Juvenile Court.”
Numerous studies show that the shackling of children can cause physical, emotional and psychological harm, and that it sends a message that the children are dangerous and deserving of humiliation. In People v. Boose, 66 Ill. 2d, 261 265-266 (1977), the court found that “shackling…of the accused should be avoided, if possible because: (1) it tends to prejudice the jury against the accused; (2) it restricts his or her ability to assist his or her counsel during the trial; and (3) it offends the dignity of the judicial process.”
Read the Juvenile Court’s new policy on the shackling of juveniles
Parent-child Privilege
In Massachusetts, information a child communicates to his or her parent is not privileged and, therefore, not protected. A parent can be forced to testify against his or her child, and made to disclose intimate conversations or communications that the parent and child believed were confidential while the child was vulnerable and seeking advice.
Existing law allows a privilege between spouses, between attorneys and clients, between doctors and patients, and between spiritual advisers and penitents. Also, it prevents children from being forced to testify against their parents.
There are several U. S. states, as well as other countries that protect communications between a child and parent. They include: Connecticut, Idaho, New York, Minnesota, Australia, Austria, France, Germany, Italy, Japan, Russian, Sweden, Taiwan, and the Philippines.
Presently, legislation is pending in the Massachusetts Legislature that would make a child’s communication with his or her parent privileged. On June 10, 2010, S.2473 – An Act Relative to Testimony in Criminal Proceedings – was reported favorably by the Joint Committee on the Judiciary to the Senate Committee on Ethics and Rules where it is awaiting further action.
View a copy of S.2473.
Criminal Offender Record Information (CORI)
One of the various changes in Massachusetts law that the Governor’s Crime Package – An Act Reforming the Administrative Procedure Relative to Criminal Offender Record Information and Pre- and Post-Trial Supervision Release – would provide is making it easier for those with certain types of records to secure employment, housing, etc. once they have completed their sentences. Both the House and Senate redrafted the Governor’s bill, crafting significantly different versions, S.2220 and H.4712.
Since the House and Senate could not reconcile their differences a Conference Committee was appointed to settle upon a compromise. The members of the committee include Senators Creem (D-Newton), Tolman (D-Watertown) and Tarr (R-Gloucester), and Representatives O’Flaherty (D-Chelsea), Speranzo (D-Pittsfield) and Webster (R-Pembroke).
Similarities between the versions include: CORI information would be available to persons and entities seeking such information to evaluate a) current and prospective employees, including full-time, part-time, contract, internship employees or volunteers; b) applicants for rental or lease of housing; c) volunteers for services; and d) applicants for professional or occupational licenses. The period of time this information would be available is a) for felonies – 10 years following disposition, including termination of any period of incarceration or custody – existing law is 15 years; b) for misdemeanors – 5 years following disposition, including termination of any period of incarceration or custody – existing law is 10 years; and c) pending criminal charges, including continued without findings, until the case is dismissed. Members of the general public, upon written request to the department, will be able to obtain CORI: a) on any felony punishable by a term of imprisonment of 5 years or more; and b) on information indicating custody status and placement within the correction system for an individual who has been convicted of any crime and sentenced to any term of years, and who at the time of the request is serving a sentence of probation or incarceration, or is under custody of the parole board. This information would be available to the general public a) on felonies for 2 years following disposition, including any period of incarceration or custody; and b) on misdemeanors for 1 year following disposition, including any period of incarceration or custody.
With respect to juveniles, it establishes penalties for the unauthorized receipt or communication of juvenile information and for falsifying such information.