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Massachusetts Legislators To Review Criminal Fine Laws
Lawmakers in Massachusetts are planning to meet next month to examine the state’s current criminal penalties. The legislative meeting comes on the heels of a high profile case involving a Big Dig company facing a $1,000 fine in the death of a Jamaica Plain woman.
Involuntary Manslaughter Case
Powers Fasteners is a New York-based epoxy supplier charged with the involuntary manslaughter of Milena Del Valle, 39, who died when 26 tons of concrete collapsed onto the roof of her car as she and her husband were driving through an I-90 tunnel.
Attorney General Martha Coakley recently filed criminal charges against the company. Those charges accuse Powers of hiding facts about its “Fast Set” epoxy, which is used to hold up ceiling panels and is allegedly prone to pulling away over time.
On Wednesday, Coakley said the $1,000 criminal fine for involuntary manslaughter “does not seem to be even close to an appropriate punishment.”
Reviewing Criminal Fines
Rep. Eugene L. O’Flaherty said the $1,000 involuntary manslaughter penalty—which has been in effect since 1920—is only one of hundreds of criminal penalties to be considered when legislators meet after Labor Day.
Despite public outrage over what some see as an insufficient penalty for the Big Dig company, O’Flaherty cautions against making any hasty decisions regarding penalty adjustments.
“As outrageous as this particular incident was, I don’t necessarily think it should just result in the Legislature passing something tomorrow,” he said.
Considerations
Past president of the National Association of Criminal Defense Lawyers Martin S. Pinales said that smaller fines in involuntary manslaughter cases are meant to indicate the lack of intent to do harm.
“You can’t really look at the accident and say this amount is high or this is low. You have to look at the circumstances. There is no intent to do harm,” he said.
Senator Marc R. Pacheco, D-Taunton, suggests that manslaughter penalties differ for corporations and individuals. The current involuntary manslaughter fine is the same for both.
(Source: Boston Globe online)
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