371 Mass. 902 | Mass. | 1976
To the Honorable the House of Representatives of the Commonwealth of Massachusetts:
The Justices of the Supreme Judicial Court respectfully submit this response to the question set forth in an order adopted by the House on August 24,1976, and transmitted to us on August 27, 1976. The order recites the pendency before the General Court of a bill, House No. 5272, a copy of which was transmitted to us with the order. The bill is entitled, “An Act to provide for capital punishment.” It provides, in substance, for the imposition of the death penalty for certain enumerated classes of murder in the first degree and prescribes the procedure to be followed in determining whether the death penalty will be imposed. The order further recites that the Supreme Court of the United States has held that capital punishment does not violate the Eighth Amendment to the Constitution of the United States if the death penalty is determined by a
The question is:
“Would the enactment of said House, No. 5272 which provides for capital punishment for ‘whoever is guilty of murder in the first degree, unless the jury — or the court’ after a presentence hearing recommends that the sentence of death not be imposed be an unconstitutional violation of Article 1,10,12 or Article 26 of the Massachusetts Declaration of Rights:
“(a) as to rape murder;
“ (b) as to other murders enumerated in subsection (a) of section fifty-four of chapter two hundred and seventy-nine of the General Laws, which would be inserted by said House, No. 5272?”
On receipt of the order requesting our opinions, we invited interested persons to file briefs on or before September 30, 1976. At the request of a State official who expressed an interest in filing a brief, we extended the time for filing briefs to October 14, 1976.
We address this communication to the present Honorable House of Representatives if it convenes again and, if not, then to the Honorable House of Representatives whose members were elected in November, 1976, and whose terms of office will commence on the first Wednesday of January, 1977.
Edward F. Hennessey
Paul C. Reardon
Francis J. Quirico
Robert Braucher
Benjamin Kaplan
Herbert P. Wilkins
Paul J. Liacos
Undoubtedly, the reference is to the opinions released by the Supreme Court of the United States on July 2, 1976, in Gregg v. Georgia, 428 U.S. 153 (1976); Jurek v. Texas, 428 U.S. 262 (1976) (96 S. Ct. 2950 [1976]); Proffitt v. Florida, 428 U.S. 242 (1976); Woodson v. North Carolina, 428 U.S. 280 (1976); Roberts v. Louisiana, 428 U.S. 325 (1976).
Briefs were filed by the district attorney for Hampden and Berkshire counties, Boston Bar Association, Prisoners’ Rights Project, and Civil Liberties Union of Massachusetts.