Death Penalty Tie in Massachusetts

One vote can change lives

Matt Burchhardt

Massachusetts Death Penalty History

• The first recorded judicial execution in Massachusetts took place in 1630, when John Billington, who had arrived on the Mayflower, was hanged at Plymouth for the murder of John Newcomen. The last executions were on May 9, 1947 when Phillip Bellino and Edward Gertson, both convicted of murdering Robert William, were electrocuted at Charlestown State Prison. In total, there have been approximately 345 executions within Massachusetts, including 26 convicted of practicing witchcraft.

(cont’d)

• Following the executions of Bellino and Gertson, people continued to be sentenced to death, however for thirty years six successive governors routinely granted commutations to life sentences.

• It wasn’t till November 2, 1982 when voters approved by election an amendment to Article 26. The amendment, Article 116 of the Massachusetts Constitution, states that: No provision of the Constitution... shall be construed as prohibiting the imposition of the punishment of death.

The Situation

• In October 1997, both the House and Senate passed bills to reinstate the death penalty. On November 6, the conference committee bill failed on a tie vote (80-80) in the House after a single legislator switched his position.

• If he kept his original vote then the bills would have passed reinstating the death penalty.

Outcome

• There currently is no state death penalty in Massachusetts, life without the possibility of parole being the only punishment for first-degree murder.

What if the vote went the other way?

• If the vote went the other way then the death penalty could be a possibility as punishment for those who have been proven guilty of committing first degree murder.