SalemNews.com, Salem, MA

Opinion

January 31, 2011

Our View: Change in justice system requires careful review

Our criminal justice system will never be perfect. But sentencing, parole and probation standards here in the commonwealth can and should be improved.

The shooting death of a Woburn police officer last December by a career criminal, paroled while serving three life sentences, is proof enough of that.

That incident has prompted calls for reform. However, the Legislature should not rush through any major changes without considering the consequences carefully. Reform for reform's sake will not improve anything, and could make things worse.

There are several major proposals now on the table. One would toughen standards for parole and has much to recommend it.

Senate Minority Leader Bruce Tarr, R-Gloucester, unveiled a bill last Monday that would deny parole to anyone serving more than one life term.

It would also increase the time before an inmate serving a life sentence would be eligible for parole from 15 to 25 years.

In addition the bill would require that at least three of the seven-member Massachusetts Parole Board have a law-enforcement background. And it would require that the board notify the attorney general, district attorney, local police chiefs and victims' next of kin 60 days in advance of any hearing.

The Woburn officer's killer, Dominic Cinelli, had been let out of jail in 2008 on a unanimous vote by the Parole Board. Middlesex District Attorney Gerard Leone said his office was never notified that he was scheduled for a hearing.

In the aftermath of the killing, all those who had voted for Cinelli's parole resigned. As Tarr said later, that was a "necessary first step." But clearly it is not sufficient.

Sen. Steven Baddour, D-Methuen, who endorsed Tarr's bill, is also correct when he says that while those convicted of crimes deserve a second chance, "nobody deserves a third and fourth and fifth chance."

Indeed, the fact that anyone serving three life sentences would ever be eligible for parole is absurd — in this case, tragically absurd.

As the bill moves through the system, legislators should also consider the recommendation from Attorney General Martha Coakley, who last week urged Gov. Deval Patrick to name a crime victim or victim advocate to the Parole Board.

That ought to be a requirement. There are plenty of advocates for criminals who come before the board. Victims deserve a voice as well.

A second reform package has come from the governor himself. It also contains elements worthy of consideration: It would eliminate mandatory minimum sentences for drug crimes that don't involve guns or children. It would also reduce the drug-free zone around schools from 1,000 feet to 100 feet.

While some change may be warranted, the standard for eliminating a mandatory sentence should be whether a drug crime was violent. Just because a gun wasn't involved, doesn't make it a nonviolent crime.

And Coakley is right that a 100-foot zone around schools is too small. That means a dealer could sell only 35 yards away from school property with no added penalty. If the idea is to protect children, perhaps the time and day the crime is committed should factor into the charge.

Essex County District Attorney Jonathan Blodgett and his fellow prosecutors have some thoughts on this and other matters. The governor and legislators should consult them before proceeding.

As for reform of the scandal-plagued state Probation Department, the governor's call to move that agency from the judiciary to the executive branch smacks of a power grab. It is already opposed, for good reason, by the legislative leadership and the judiciary.

The priority here should be to remove politics from the hiring and promotion process, not switch jobs from one branch of government to another.

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