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- Title
MAKING AMENDMENTS TO MAKE AMENDS: THE CASE FOR EXPANDING ELIGIBILITY OF 276B RESTORATIVE JUSTICE PROGRAMS TO GENDER-BASED CRIMINAL OFFENDERS IN MASSACHUSETTS.
- Authors
ARGUELLO, SAV
- Abstract
In 2018, Massachusetts enacted an omnibus criminal justice reform act, which introduced the practice of restorative justice conferencing to the Commonwealth under General Laws chapter 276B. However, chapter 276B leaves a rather large class of criminal defendants--and, importantly, their victims--inegilible for this community conferencing program: those charged with crimes of sexual assault or domestic violence. Available research on the effectiveness of current approaches to addressing gender-based crime, such as no-drop prosecutorial policies, indicate serious deficiencies in promoting safety and empowerment of victims. Contrastingly, data on the effectiveness of restorative justice conferencing suggests better outcomes for both victims and defendants. This Note proposes that Massachusetts should remove the restriction on eligiblity for conferencing under chapter 276B for gender-based crime defendants, and recommends utilizing pre-existing resources and programs available in the Commwealth to ensure the safety and well-being of participants in the restorative justice process.
- Subjects
MASSACHUSETTS; RESTORATIVE justice; SEXUAL assault; COMMONWEALTH of Nations; CRIMINAL law reform; SEX crimes; CRIMINALS; CRIMINAL defendants
- Publication
Boston University Public Interest Law Journal, 2023, Vol 32, Issue 1, p87
- ISSN
1077-0615
- Publication type
Article