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 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 63 – Delay in Execution of Death Sentence; Consideration of Pardon
Section 63. The governor, with the advice and consent of the council, may from time to time respite the execution of a sentence of death for stated periods so long as he may consider it necessary to afford him, with the advice and consent of the council, an opportunity to investigate and consider the facts […]
Section 64 – Judicial Stay of Execution of Death Sentence; Final Determination of Judicial Questions
Section 64. The execution of a sentence of death may be stayed from time to time for stated periods by the supreme judicial court, or a justice thereof, pending the final determination of any judicial question arising in or out of the case in which the sentence is imposed.
Section 65 – Witnesses; Execution of Death Sentence
Section 65. There shall be present at the execution of the sentence of death, in addition to the superintendent, deputy and such officers of the state prison as the superintendent deems necessary, the commissioner of correction or his representative, the person performing the execution under the direction of the superintendent, if any, and the following […]
Section 66 – Execution of Death Sentence; Post Mortem Examination
Section 66. There shall be a post mortem examination by a medical examiner for Norfolk county of the body of every prisoner executed in conformity with the sentence of a court.
Section 67 – Warrant for Execution of Death Sentence; Return to Clerk of Court After Execution
Section 67. When the superintendent has executed the sentence of death upon a prisoner in obedience to a warrant from the court, he shall forthwith make return thereof under his hand, with the doings thereon, to the office of the clerk of said court.