Mandatory Harm

How a Massachusetts Statute Forces Unreasonable Sentences

This report examines the impact of one Massachusetts law (MGL Chapter 269 Sec 10G) that places lengthy mandatory minimum sentences for gun possession for people with prior records (including juvenile records). It acts as a sentencing enhancement and prosecutorial cudgel, and its use show significant racial disparities: Seventy-five percent of cases charged under the law are against Black and Latine defendants. 

Key findings from the report:

First, nearly half (41%) of Massachusetts ACCA charges were filed under the three strikes statute in M.G.L. c. 269 S 10G(c). In other words, almost half of those charged under the ACCA had three or more prior convictions and consequently faced 15-year mandatory minimum sentences.

Second, racial disparities are stark in ACCA charging: Black and Latine defendants comprise over 75% of Massachusetts ACCA cases. Black individuals, for example, accounted for 51% of defendants in ACCA cases despite making up only 7% of the Massachusetts population at large.

The report also found that all defendants who received mandatory minimum sentences under the ACCA have weapons charges, and people aged 25-44 are most likely to have these cases filed against them. Further, the Boston Police Department and the State Police initiated nearly half of all arrests that led to ACCA charges filed by District Attorneys, and individual municipality case filings overrepresented Black and Latine residents. Among the State Police’s filings, 86% of cases are against Black and Latine residents.

Under a related statute (MGL section 269 Ch. 10a), 42 individuals incurred enhanced sentences based on prior juvenile offenses.

Finally, the data from the District Attorney Management Information Office Network (DAMION) cannot be analyzed due to inconsistent entries and a lack of standards for classifying charges.

RECOMMENDATIONS

Recommendation 1: The Massachusetts ACCA statue should be eliminated to encourage need-based evaluation of those who are making contact with the criminal legal system multiple times.

Recommendation 2: In the alternative of outright elimination, the Legislature should modify the Massachusetts ACCA statue to include only the 10G(c) violation, remove the condition of a prior serious drug offense from the statue, and remove weapon possession crimes from predicate offenses.

Recommendation 3: The Legislature should pass legislation to prevent the imposition of mandatory minimums based on juvenile adjudications.

Recommendation 4: District Attorneys should reduce the use of charging defendants under the Massachusetts ACCA and fully refrain charging under these statues based upon drug offenses.

Recommendation 5: District Attorney offices across the Commonwealth need to develop higher data quality standards, including a standardized method of data entry and classification across counties.

Recommendation 6: The Massachusetts Trail Court and District Attorney Offices should research and address racial disparities in ACCA charging and disposition, possibly with academic partners.