By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 15, 2024
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Capital punishment is one of the most controversial topics in the American legal system. Although 27 states keep the practice legal, Massachusetts has a different stance.
This article offers a comprehensive overview of Massachusetts's capital punishment laws. It discusses the state's death penalty status, history, and recent developments.
No. As of 2024, the death penalty is not allowed in Massachusetts. The state officially banned the death sentence in 1984 after a landmark decision made by the Massachusetts Supreme Court.
In the case of Commonwealth v. Colon-Cruz, decided in 1984, the state supreme court ruled that the death penalty laws violated the state constitution. Notably, the ruling highlighted the unfairness of how the court applies the death penalty only to defendants who go to trial and excludes those who plead guilty.
Although the Massachusetts death penalty statute remains in Massachusetts' General Laws, the Colon-Cruz decision effectively nullified it.
The state of Massachusetts has a long history of capital punishment laws. They date back to the colonial era. Massachusetts was one of the few states in the American colonies that used the death penalty. The first recorded execution in the state was in 1630, when the state hung John Billington for murder. In 1692, the infamous Salem Witch Trials happened, and the state hanged 19 people for witchcraft.
In 1900, Massachusetts modernized the method of execution by using the electric chair. The state used the electric chair as the primary method of execution until its abolition. The last executions took place on May 9, 1947, against death row inmates Edward Gertson and Phillip Bellino. Massachusetts executed them using an electric chair at the Charlestown State Prison. This death penalty case sparked an evaluation of capital punishment in Massachusetts.
In 1972, the U.S. Supreme Court's decision in Furman v. Georgia effectively suspended the death penalty nationwide. Then Massachusetts voters passed a constitutional amendment that allowed the death penalty for first-degree murders. But it was abolished in 1984 when the Massachusetts Supreme Judicial Court decided the death penalty was unconstitutional in Colon-Cruz. Since then, the state made many attempts to reinstate the death sentence, including efforts done by former Gov. Mitt Romney.
According to the Death Penalty Information Center, Massachusetts executed 345 people. This number includes 26 people executed for witchcraft.
Despite its abolition, recent discussions about capital punishment continued to surface in high-profile cases. Included among them is the case of Boston Marathon bomber Dzhokhar Tsarnaev. This case reignited debates related to capital punishment. It emphasized the complex interplay between state and federal laws.
State and federal courts tried Tsarnaev for the 2013 bombing. The bombing killed three people and injured hundreds. Massachusetts law did not have a death sentence when the state tried Tsarnaev. But a death sentence was possible because he also committed federal crimes. As of 2024, Tsarnaev is on federal death row.
The legal landscape of capital punishment laws in the United States remains complex and diverse. Although Massachusetts has maintained its stance against the death sentence since 1984, this state stands in contrast against other states.
Now, 27 states allow capital punishment:
There are also six states with a moratorium on death sentences:
Contact a criminal defense attorney if you or someone you know is facing a capital case in Massachusetts. They can help you understand your rights and establish a strong defense to support your case. Although the death penalty is not available in Massachusetts, severe penalties such as life imprisonment still apply. A criminal defense attorney can help you explore your legal options and represent you in court.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Massachusetts attorneys offer free consultations.
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