Category Archives: Criminal Defense

Recognition Well-Deserved – Atty. Anne Goldbach Receives the 2016 MACDL Clarence Gideon Award

Anne GoldbachOn June 14, 2016, the Massachusetts Association of Criminal Defense Lawyers (MACDL) presented our colleague, Atty. Anne C. Goldbach, with the Clarence Gideon Award, an honor not awarded every year, but presented to only those worthy to be recognized as champions of the noblest principle that all persons shall stand equal before the law.   Continue reading

CPCS Public Defender Receives MBA Access to Justice Award

DSC_2950 On May 7, 2015, the Massachusetts Bar Association presented Ben Evans, a supervising attorney in the Public Defender Division’s Fall River office with the prestigious Access to Justice Defender Award. After graduating from law school in 2005, Ben started as a staff attorney in the New Bedford office. Ben has been a supervising attorney in the Fall River office since 2011. Ben has been a mentor to many staff attorneys and law school interns.

Congratulations to Ben Evans, a public defender who inspires his colleagues to put their hearts and souls into the important work of representing poor people accused of crimes.

Here is the write-up that appeared in the MBA Annual Dinner program:

Continue reading

Urban Institute Issue Report on Mentally Ill in Prisons and Jails

The prevalence of mental illness is significant. Well over 50% of state prison and jail inmates report having mental health problems. For women the number is even higher. The report highlights the fact that mentally ill prisoners tend to have higher recidivism rates than those without mental health problems. This is concerning not only because it indicates that people who suffer from mental illness may have trouble establishing a self-sustaining and law-abiding life after release from prison, but also because it has a direct impact on economic and societal costs. On the economic side, these include criminal justice costs (such as those incurred by the police, courts, jails, parole, probation, and prisons). Societal costs include things like victimization and reduced educational or employment opportunities. Read the report.

Human Rights Watch Issues report: “Callous and Cruel: Use of Force against Inmates with Mental Disabilities in US Jails and Prisons”

The report issued this week, details incidents in which correctional staff have deluged prisoners with painful chemical sprays, shocked them with powerful electric stun weapons, and strapped them for days in restraining chairs or beds. Staff have broken prisoners’ jaws, noses, ribs; left them with lacerations requiring stitches, second-degree burns, deep bruises, and damaged internal organs. In some cases, the force used has led to their death. Read HRW press release and entire report.

For a look at a what can happen in Massachusetts, WGBH had a segment about the Joshua Messier case this past week on Greater Boston.

Reasonable Accommodations: Do the lives of the mentally ill matter to the Supreme Court?

This week the Supreme Court heard oral argument in the case of San Francisco v. Sheehan. The case could settle the extent to which the Americans With Disabilities Act serves as a check on police officers’ interactions with people with mental illnesses. The law demands local governments to provide “reasonable accommodations” to individuals with disabilities, and courts have interpreted that guarantee to include arrests—that is, police should take into account the people’s disabilities when taking them into custody. But the law isn’t uniform across the board on whether cops should make such accommodations if the arrestee exhibits violent or erratic behavior. Does an outburst by a woman who is suffering from schizoaffective disorder, hasn’t taken her medication, and is found holding a small bread knife in her own home automatically strip her of legal protection? Read about the case at Slate and the Christian Science Monitor

Out of Detention: How to Stop the School-to-Prison Pipeline – Harvard Political Review

A single instance of incarceration in a young person’s life increases the risk of future imprisonment, at a cost to taxpayers of $240.99 per day. Living in jail worsens the mental, emotional, and behavioral problems with which these children and adolescents must struggle. And mental disorders and youth incarceration already share an alarmingly strong link. As James Barrett, a psychologist at the Cambridge Health Alliance and in Harvard Medical School’s Department of Psychiatry, said in an interview with the HPR, a “massive overlap” exists between the two groups. While just 20 percent of all American youth live with one or more mental disorders, that proportion jumps to 70 percent for the juvenile justice population. Read the whole article.

CPCS Annual Training Conference – May 14, 2015

The CPCS Annual Training Conference will be held on Thursday, May 14, 2015 at the DCU Center, 50 Foster Street, Worcester.  Advance registration is required.

Over the course of the day there will be a wide variety of programs of interest to criminal, juvenile, child welfare and mental health attorneys.  At midday we will gather to hear remarks from Chief Counsel Anthony Benedetti.  Late in the afternoon we have set aside time for networking sessions.

In years past we have presented a number of awards at the Conference.  This year CPCS awards will be presented at a separate Awards Ceremony on May 5, 2015.  Solicitation of award nominations and further details will be provided soon.