Commonwealth v. McGonagle

A sentencing judge’s consideration of victim impact statements “as to a recommended sentence” is constitutional under the Eighth Amendment to the United States Constitution and article 26 of the Massachusetts Declaration of Rights, and a victim’s right to recommend a sentence pursuant to Mass. Gen. Laws ch. 258B, 3(p) satisfies the requirements of due process.A jury convicted Defendant of assault and battery. At the sentencing hearing, the victim gave an impact statement and recommended a sentence. The judge sentenced Defendant to a lesser term of imprisonment than the sentences recommended by both the Commonwealth and the victim, explaining that in deciding the appropriate sentence, he placed great weight on the victim’s injuries and Defendant’s criminal record. On appeal, Defendant challenged the portion of Mass. Gen. Laws ch. 258B, 3(p) that permits victims to provide an impact statement “as to a recommended sentence.” The Supreme Judicial Court affirmed, holding that “it is neither cruel nor unusual or irrational, nor is it violative of a defendant’s due process guarantees, for a judge to listen with intensity to the perspective of a crime victim.” View "Commonwealth v. McGonagle" on Justia Law