Section 71 – Review of Death Sentence; Remand; Reversal; Affirmation
Section 71. In addition to review of the entire case pursuant to section thirty-three E of chapter two hundred and seventy-eight, the supreme judicial court shall review the sentence of death imposed pursuant to sections sixty-eight, sixty-nine and seventy of chapter two hundred and seventy-nine. If the supreme judicial court determines that (1) the sentence […]
Section 1 – Recovery of Fines and Forfeitures
Section 1. Fines and forfeitures exacted as punishments for offences or violation or neglect of any duty imposed by statute may, unless otherwise provided, be prosecuted for and recovered by indictment or complaint or by an action of tort in the name of the commonwealth in a court having jurisdiction of the offence or action.
Section 2 – Payment of Certain Fines and Forfeitures; Apportionment Among Beneficiaries
Section 2. A fine or forfeiture imposed by a court shall, except as otherwise provided, be paid over to the state treasurer. Twenty per cent of the fines imposed under the provisions of chapter three hundred and fifty-four of the acts of nineteen hundred and fifty-two shall be paid over to the state treasurer. If […]
Section 3 – Proceedings to Recover Penalties; Appointment of Counsel
Section 3. In proceedings in the name of the commonwealth for the recovery of fines, forfeitures or penalties, the whole or any part of which do not enure to the benefit of the commonwealth, the court may, upon motion of the district attorney, appoint an attorney to conduct the cause under his direction; but such […]
Section 4 – Criminal Prosecutions; Expenses Paid by Commonwealth; Waiver of Costs for Indigent Defendants
Section 4. Expenses arising in a criminal prosecution, including fees of grand and traverse jurors for travel and attendance therein, shall be paid by the commonwealth. Fees and costs of indigent defendants in criminal prosecutions except attorneys’ fees, shall or may be waived or substituted by the court or paid by the commonwealth in accordance […]
Section 5 – Appeal Briefs in Criminal Cases; Payment of Costs
Section 5. In a criminal case in which questions of law are carried to the supreme judicial court, the attorney general or district attorney may have necessary copies of the brief for the commonwealth printed, and the expense thereof shall be paid in the same manner as other expenses in the case.
Section 6 – Costs as Penalty for Crime; Expenses of Prosecution
Section 6. Costs shall not be imposed by a justice as a penalty for a crime. A justice may, as a condition of the dismissal or placing on file of a complaint or indictment, or as a term of probation, order the defendant to pay the reasonable and actual expenses of the prosecution. A justice […]
Section 62 – Delay in Execution of Death Sentence; Insanity or Pregnancy of Prisoner; Psychiatric Examination and Written Certification
Section 62. After examination by two psychiatrists designated by the commissioner of mental health, if it appears that a prisoner under sentence of death has become insane, the governor, with the advice and consent of the council, may, from time to time for a stated period, respite the execution of said sentence until it appears […]
Section 6a – Special Cost Assessments; Exemption
Section 6A. Before imposing a fine or forfeiture as a punishment or part punishment for a crime, the court or justice shall levy as a special cost assessment an amount equal to twenty-five per cent of the fine or forfeiture; provided however, that no special cost assessment shall be levied on fines or forfeitures for […]
Section 33a – Credit for Days of Confinement Awaiting and During Trial
Section 33A. The court on imposing a sentence of commitment to a correctional institution of the commonwealth, a house of correction, or a jail, shall order that the prisoner be deemed to have served a portion of said sentence, such portion to be the number of days spent by the prisoner in confinement prior to […]