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Three Strikes and We're Out

Voters in the Sept. 6 primary for the Democratic nomination for the Massachusetts State Senate, 3rd Middlesex District, the seat currently held by Sen. Susan Fargo, need to know how the candidates stand on one of the most critical issues in the Commonwealth today: The proposed habitual offender bill, also known as "Three Strikes."

I am completely opposed to the proposed habitual offender legislation. As a public defender, I have seen far too many cases where minimum mandatory sentencing has forced courts to impose unjust sentences which neither rehabilitate nor deter repeat offenses. The bill before the Governor would put more people in prison and keep them there longer, at a cost of nearly $50,000 per prisoner per year. The bill would deprive judges of any ability to depart from required minimum mandatory sentences for habitual offenders, regardless of the individual circumstances of the case.

We need to repeal minimum mandatory sentencing, not expand it. An overwhelming number of defendants are charged with crimes that arise from drug and alcohol abuse. William Bratton, former Boston Police Commissioner, has said that 90 percent of all crimes are related to drug and/or alcohol abuse. We are incarcerating non-violent offenders who need drug and alcohol treatment, education, job training, and counseling.

As a social worker, I understand how much better people want their lives to be, and how eager they are for the help they need to succeed. For less than what we pay to incarcerate non-violent offenders, we could provide the accused with social workers who could work with them to help them succeed, get the counseling, education, and job skills training they need so that they can give back to society.

There is no question that those who pose a danger to society should be kept in secure facilities. Judges should have the discretion to order those individuals held, in custody, where they will pose no danger to the public. But forcing judges to impose an unjust sentence that does nothing to either rehabilitate nor deter is not only ineffective and inexpensive, it's just plain wrong. It's time to get smart on crime, face the facts, and have criminal justice laws that solve the problems, not add to them.

Mara Dolan, Candidate
Massachusetts State Senate
3rd Middlesex District

Sam Adams

10:14 pm on Thursday, July 26, 2012

Why is the writer focusing on non-violent offenders?? The law in question relates to persons who have committed 3 violent felonies.
While I can appreciate the need to address the substance abuse that potentially leads to these crimes, after a third VIOLENT offense, doesn't the safety of the public outweigh this concern?

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Lynda

11:17 am on Saturday, July 28, 2012

The bill defines "violent" very different from what we believe to be violent offenses. Some of these people may never have touched or even threatened to touch another person.

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Sam Adams

12:22 pm on Saturday, July 28, 2012

Can you cite an example? I saw the list of crimes it applied to and not one struck me as inappropriate.

Neil

11:45 pm on Saturday, July 28, 2012

Counter to expectations, the research on three strikes shows that the law does not have the effect supporters assume. At best, it reduces violent crime about 3%. At worst, it does nothing to reduce violent crime but it does imprison repeat offenders for longer periods at a substantial cost.

The version of the law the Governor sent back to the legislature replaces the judge with automatic minimums sentencing. This is a big mistake. Our judicial system relies on the informed judgment of judges who hear (and rule) on the evidence. The House has a chance to fix this problem by adding limited judicial discretion,

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Amici

9:50 pm on Monday, July 30, 2012

Judges have plenty of discretion during sentencing. I've yet to see a judge follow the recommendations of a prosecutor. The legislature has this one right, keep the most violent offenders in prison and off the streets. The idea that Ms. Dolan thinks our communities should be responsible for repeat offenders is disturbing.

Reverend E. Raleigh Pimperton III

8:55 pm on Sunday, July 29, 2012

Is it possible to have too many Democrats in the Legislature? Mara would say no... one more named Mara would be good. How blue should the blue Commonwealth be?

Reverend E. Raleigh Pimperton III

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Amici

9:29 pm on Monday, July 30, 2012

Here's a list of the violent felonies covered under Melissa's Bill. http://3strikeslaw.blogspot.com/search/label/ListFelonies
It's good to know where these candidates stand on public safety issues. It's their responsibility to represent their constituents first and their future clients second. I know who I will NOT be voting for.

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Bill Montague

11:25 pm on Monday, July 30, 2012

This one reason I am voting for Mara Dolan! We have far to many people in prison today! Drug offense is not a "violent" crime. Mara is right in my opinion - these young people should not be sent to prison! They need treatment. AAA helps people who are addicted to a far less potent drug, What is needed - is what Mara is saying "We are incarcerating non-violent offenders who need drug and alcohol treatment, education, job training, and counseling." Bill Montague

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WesternCiv

11:46 pm on Monday, July 30, 2012

Mara doesn't know what she's talking about. This legislation also lowers mandatory minimum drug sentences, and makes many non-violent drug offenders eligible for early parole. That was part of the tradeoff - free up prison space for truly VIOLENT repeat offenders.

Senate Ways & Means estimates the lowering of drug sentences alone will save the state $5 million a year, well offsetting the additional $1 million to incarcerate the worst of the worst repeat VIOLENT felons.
http://3strikeslaw.blogspot.com/search/label/ListFelonies

It's scary enough that Mara is blind to the reality of 3, 10, 20, 50-time repeat VIOLENT felons who cannot be rehabilitated, but she's also clueless about the facts of the legislation she addresses.

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Bill Montague

12:02 am on Tuesday, July 31, 2012

So you are saying that Mara Dolan and our Governor are both wrong! They are directly involved with these problems, and have been for many years. This decision by the Governor did no happen over night! A lot of thought went into his decision! As it should be! Bill Montague

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WesternCiv

1:04 pm on Tuesday, July 31, 2012

I assume you're responding to me.
I'm saying that Mara Dolan didn't even acknowledge the huge part of the crime bill which reduces drug sentences and gives early parole to non-violent drug offenders. Either she's being selective with the facts, or she's ignorant of the facts of this legislation. Which is it?

Actually, Gov Patrick (as most Dems) gets it regarding serially VIOLENT criminals. Patrick said last week, "We now have a serious and balanced bill that will ensure that the most serious and dangerous repeat offenders remain safely behind bars." My guess is that he'll sign the bill.

Too bad Mara doesn't get it. She can't see outside the box of her social worker ideology to recognize that there are some dangerous criminals who just can't be rehabilitated.

Steve

7:24 am on Tuesday, July 31, 2012

The list of violent offenses seem to be clearly violent and harmful and worthy of the punishment being proposed. As for the 3% improvement if you or a loved one were one of the 3 out of every hundred that were not a victim as a result of this legislation, I am guessing 3% would seem like a very significant improvement. The one thing Ms Dolan and the Governor have in common is a career defending criminals. If the Governor is concerned, doesn't he have the authority to commute the sentence? That would seem like the ultimate "safety valve" to me should someone be unjustly sentenced.

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Amici

9:33 am on Tuesday, July 31, 2012

You nailed it, Steve. I've also spent quite a bit of time in the courts and I can tell you that young drug addicted individuals are given MANY opportunities to pull their lives together. Melissa's bill addresses the most violent offenders in the system and apparently Ms. Dolan would rather have them in our neighborhoods than in prison. Bill, if you truly care about drug offenders being in prison, you'll support Melissa's Bill. I guarantee if the bill doesn't pass there will not be another opportunity to reduce sentences for a long time.

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Iron Mike

10:21 am on Wednesday, August 1, 2012

Mz Dolan and the Gov'nor have two things in common. They are both über-liberal world socialists, and they're ooey-gooey soft on crime.

I personally believe that EVERY day a violent criminal is locked up – honest citizens are SAFER!

I think the 3% figure is liberal hogwash, - but even if it is true – that 3% of our population spared another violent crime.

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WesternCiv

12:21 pm on Wednesday, August 1, 2012

This evil-doer butchered a man in a wheelchair and his grandmother in 1991. Under the old law, he's up for parole.
http://bostonherald.com/news/regional/view.bg?articleid=1061150093

Had Melissa's Law been in effect in 1991, he would have been sentenced to
life without parole for two or more murders.

Les Gosule, father of Melissa, said yesterday,
"To violent criminals and their apologists who complain that this law is too harsh, I say: "If you can't do the time, don't do the crime". If you don't want to go to prison under this law, take responsibility for your actions and refrain from committing multiple acts of violence. It's that simple". AMEN !!
http://3strikeslaw.blogspot.com/search/label/NewLaw

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Bill Montague

8:22 am on Sunday, August 12, 2012

It's easy to wash over the problem by saying "If you can't do the time don't do the crime." By that statement you do not understand the word Addicted! Addiction is not a choice! It is a disease like any other disease. Norway has a new way of treating those sent to prison. They are all doing time but they give them a opportunitey to Learn a Trade. This allows them to gain self-respect - which they did not have and also they have a way to earn a living when they get out. The System is working with impressive results. Addiction is not easy to break as any addict will tell you. Some of us are addicted to food - look aroung you. This addiction however is not a crime, but a disease. Drug addicts have a disease and it needs to be treated as such. These folks need treatment as well as prison time. Norway seems to have hit on a reasonable solution. Cheers! Bill Montague

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Iron Mike

10:28 am on Sunday, August 12, 2012

>> Addiction...is a 'disease' – JUST LIKE ANY OTHER DISEASE?

Addiction is a self-inflicted condition – NOT a disease! People make choices. Eating until you weigh 300 pounds is a personal decision – with each forkful. Smoking until you have lung cancer is a personal decision, with each pack you buy and each cigarette you light up. Drug use is a PERSONAL DECISION with each purchase and each use.

I'd be all for the death penalty – by beheading – for anyone who sells to a minor.

And we should look to NORWAY for lessons in Criminal Justice? My GAWD Bill, - does the name Anders Behring Brievik ring ANY bells at all?!? He murdered 77 kids – most shot at point-blank range while he was DRESSED IN A POLICE UNIFORM. They're letting him off with life!

Why are we still feeding Mucko? What lesson or example does that send to the next Mocko plotting mass murder? Mucko doesn't ring a bell? Google Edgewater Technologies + McDermott.

Get tough on crime BEFORE it's being done to YOU!

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WesternCiv

11:37 am on Sunday, August 12, 2012

Addiction is never an excuse for committing violent crimes, and most juries reject it as a defense. If drugs or drink make you do bad things, then don’t get high. People are responsible for what they do.

I’m all for rehabbing non-violent drug offenders. But once someone crosses the line and commits a VIOLENT crime, he has to be held fully accountable. http://3strikeslaw.blogspot.com/search/label/ListFelonies

The basic difference between criminal apologists and the rest of us is that you make excuses for crime while we demand personal responsibility.

BTW, you didn’t answer my previous question:
Is Mara Dolan being selective with the facts, or is she just ignorant of the facts of this legislation? Which is it?

Dolan fails to acknowledge the huge part of Melissa’s Law which reduces drug sentences, emphasizes treatment, and gives early parole to non-violent drug offenders. So is she disingenuous, or does she just not know what she’s talking about?

Bill Montague

1:52 pm on Sunday, August 12, 2012

Let's not compaire Apples with Oranges. I am not speaking about VIOLENT crimes.
I was addreseing the Disease - yes addiction is a Disease! Listening to addicts talk about their addtiction? Some say once they are caugut up with drugs they do not wat to stop! They like the feeing the drugs give them! Additction comes in all sizes and shapes. What I am addressing is the untold numbers of prizioners who's crime is drug addition. I am not addressing those who commit murder.
I cannot answer for Mara Dolan! I know she has a lot more experience with criminal defense than I have. When I have spoken to her - she answered my questions to my satisfaction. She is the one I am backing for state senator. You look at the runners and take your pick. I have decided Mara Dolan is the one I will vote for. Cheers! BIll Montague

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Andrew Sylvia

2:36 pm on Sunday, August 12, 2012

Folks, please discuss concepts and not other users. If we can't have this, I'll close comments on this article. Thanks.

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WesternCiv

3:20 pm on Sunday, August 12, 2012

I'm not sure who this was directed to, but when someone is running for public office like Ms Mara, their positions are fair targets for criticism.

Bill Montague

2:47 pm on Sunday, August 12, 2012

Hi Folks all I am talking about is My choice for Mara Dolan for state Senator. Andrew is right! Cheers! BIll Montague

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SilverMike

2:54 pm on Sunday, August 12, 2012

I agree with Iron Mike---Lets get tough on crime----We should behead at least 3% of the population each year....Now, if you'll excuse me, I need to get back to Fox News to see what my next opinion should be......

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Iron Mike

3:51 pm on Sunday, August 12, 2012

The ISSUE is Mara Dolan's soft-on-repeat-offenders position.

She doesn't like the 3 Strikes bill. She wants to focus on 'rehabilitation'.

Sadly just two days ago William Bryant Moseley - who shot his first wife in the face in 1996 – gave us a perfect example why rehabilitation is a myth. He strangled his second wife.

Now we'll pay for more legal defense, psychiatric exams, court appearances, etc.

We need the DEATH PENALTY back, and Mara opposes it. What happened in Tucson and Colorado ~ could ~ easily have happened here. Well, it did – at Edgewater Technologies.

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Bill Montague

4:53 pm on Sunday, August 12, 2012

I am finished! This discussion has gone off the subject of Mara. Bill Montague

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Irene

3:57 am on Monday, August 13, 2012

And what of the victims. I did not read one sentence about the long lasting, sometimes permanent effects on the victims. Have you ever been a victim? Life threatened? Family threatened? Not a violent crime yet? To the victim it is. And yes, I am a survivor. The next victim was not. When does the non-violent lead to violence? It's all about money? Why would the cost be prohibitive? Prisons should only provide basic survival. Nothing more. The prisoner adjusts to the level of financing, not the other way around.

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Iron Mike

7:14 am on Monday, August 13, 2012

Thank you Irene! You are correct, and it's often worse here – offenders get out early and victims are routinely not even warned. Just yesterday 10 people were shot / 3 killed in Roxbury, Roslindale and Dorchester. Wanna bet the shooters all have records? Wanna bet they all got light or suspended sentences?

Folks, go tell Mara that 'soft on crime' just means the next victims get hurt sooner!

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