District Attorneys Say Judges Ignoring Mandatory-Minimum Laws, Choosing Unelected State Commission’s Guidelines Instead
Several district attorneys in Massachusetts are calling on judges to stop using more lenient sentencing guidelines that contradict minimum sentences set by law.
One example: Rape and abuse of a child aggravated by age difference between the defendant and the victim carries a mandatory minimum 10-year prison sentence in state law (Massachusetts General Laws, Chapter 265, Section 23A), but according to Essex County district attorney Jonathan Blodgett, the Massachusetts Sentencing Commission has recommended a sentence of 7 ½ years, and some judges are going by it. Blodgett calls it a "a clear violation of existing law," according to the Brockton Enterprise.