Section 68 – Special Jury Questions for First Degree Murder; Presentence Hearing Upon Conviction for Consideration of Death Penalty; Consideration by Jury of Aggravating and Mitigating Circumstances; Determination by Jury; Sentence by Court; Validity of Conviction
Section 68. In all cases in which a sentence of death may be imposed, the court shall submit to the jury special questions concerning the issue of murder in the first degree. If the jury determines beyond a reasonable doubt that the defendant is guilty of murder in the first degree, the jury shall specify […]
Section 69 – Aggravating and Mitigating Circumstances in Death Penalty Cases
Section 69. (a) In all cases in which the death penalty may be authorized, the statutory aggravating circumstances are: (1) the murder was committed on a victim who was killed while serving in the performance of his official duties as one or more of the following: police officer, special police officer, state or federal law […]
Section 70 – Death Penalty Imposed; Jury Findings Necessary
Section 70. Where, upon a trial by jury, a person is convicted of a crime which is punishable by death, a sentence of death shall not be imposed unless findings in accordance with section sixty-eight are made. Where such findings are made and the jury finds that the death penalty shall be imposed, the court […]
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 27 – Immediate Execution of Sentence to State Prison of Convict Sentenced to Jail or House of Correction
Section 27. If a convict serving a sentence of imprisonment in a jail or house of correction is convicted of a felony, the court may impose sentence of imprisonment in the state prison and order it to take effect forthwith, notwithstanding the former sentence. The convict shall thereupon be removed to the reception center established […]