Criminal Law

Latest Articles

Higher education: How to do drugs in Boston

If you choose to partake, at least do it right
The leaves are changing color, and it's not because you ate a special mushroom pizza. The air is crisp, the nights are getting longer, and you're drinking coffee at 4 am. It's fall, and time to go back to school.
By VALERIE VANDE PANNE | September 01, 2010

Are doctors complicit in prison torture?

The Maine medical community looks at solitary confinement
In the past few years an outcry has arisen over the involvement of military and CIA medical professionals and psychologists in torture. Some critics have even suggested criminal prosecution of the medical staff involved or, at least, revocation of their professional licenses.
By LANCE TAPLEY | April 21, 2010

A ‘moral victory’ against supermax torture

Analysis
At times the legislative debate on LD 1611, the bill to limit solitary confinement of the state’s prisoners, became surreal.
By LANCE TAPLEY | April 15, 2010

Maine tortures women, too

But Riverview presents an alternative
The Maine Department of Corrections is an equal-opportunity torturer.
By LANCE TAPLEY | March 10, 2010

The cost of torture

Solitary Confinement Bill Hearing
In the end, whether mass solitary confinement continues at the Maine State Prison supermax may come down to an issue of money rather than right or wrong. And resolving that issue may come down to whether the state wants to pay more now to pay less in the long term.
By LANCE TAPLEY | February 25, 2010

Seeking humane treatment

State and national efforts well under way
Some Maine people are taking moral responsibility for the way supermax inmates are treated.
By LANCE TAPLEY | February 17, 2010

Secret Harbor

The real-life version of Scorsese's Shutter Island imports hundreds of homeless from the South End every evening; they’re among the few allowed on Boston Harbor’s isle of mystery.
A home for the criminally insane it might not be, but the real-life Shutter Island is, like the one in the new Martin Scorsese film that hits theaters this week, a spooky and controversial land mass in Boston Harbor that is indeed off-limits to the public.
By CHRISTOPHER KLEIN | February 17, 2010

Hoop nightmare

Len Bias’s death was more than just a basketball tragedy.
It wasn’t quite the world-shattering, where-were-you-when moment as the space shuttle Challenger exploding into cottony plumes earlier that year. But I still remember my naive and dazed disbelief upon hearing that basketball star Len Bias had died of a cocaine overdose on June 19, 1986
By MIKE MILIARD | October 28, 2009

Prison activist: Board chairman wrong

Letters to the Portland Editor, September 11, 2009
I just finished reading the letter from Jon Wilson. Mr. Tapley was correct, the Board of Visitors is not living up to its mandate to represent the public's concerns about the Maine State Prison, nor is it minimally accountable in that it never filed an annual report until provoked by the scrutiny of Mr. Tapley's investigative journalism.
By PORTLAND PHOENIX LETTERS | September 09, 2009

Ted's turn

Clinton caves on crime bill, but Kennedy can still salvage it
A little-known provision in the crime bill now being negotiated by a House-Senate conference committee would greatly expand the number of prison cells available to house violent criminals, and it wouldn't be cost a dime. But it may be doomed unless Senator Ted Kennedy is willing to spend some political capital.
By AL GIORDANO | August 26, 2009

Miraculous Appearances

Phoenix questions prompt action
Two weeks after the Phoenix began its prison Board of Visitors interviews, which revealed the group had not produced annual reports as required by law and had not met with the Legislature's Criminal Justice Committee in years, reports for 2005, 2006, 2007, and 2008 suddenly materialized.
By LANCE TAPLEY | August 17, 2009

Budget cuts

Prison staffing crisis hits perilous level
“Things are as tough at the prison right now as I’ve seen them in a long time,” state Corrections commissioner Martin Magnusson told the Legislature’s Criminal Justice and Public Safety Committee on July 29. He spoke about the consequences of the staff cuts that the 915-inmate, 410-employee Maine State Prison in Warren has had to endure.
By LANCE TAPLEY | August 05, 2009

Prison in turmoil

Investigators probe killing, stabbing, corruption allegations
Will reform have to wait for a new governor?
By LANCE TAPLEY | June 17, 2009

Advocates renew challenge to punitive probation practices

Violations
At the conclusion of its 2008 session, the General Assembly passed a bill that would have reformed state criminal justice procedure for probationers charged with new crimes.
By ARIEL WERNER | December 03, 2008

Freedom watch: Jailhouse bloc

The real reason law-and-order types love mandatory-minimum sentencing? It's money in their pockets.
With aromatic puffs of change, Bay State stoners rejoiced on Election Day.
By HARVEY SILVERGLATE AND KYLE SMEALLIE | December 09, 2008

Blunt object

The political fight over a November marijuana-reform ballot question has sparked a Battle of the Bong
Question 2 supporters claim Massachusetts district attorneys committed “at least 15 violations of Massachusetts campaign-finance and election laws” in the runup to the marijuana-decriminalization vote.
By CHRIS FARAONE | September 25, 2008

The combat zone

Who's who and what's what
This article originally appeared in the July 24, 1973 issue of the Boston Phoenix.
By TOM SHEEHAN | August 14, 2008

Darkness falls in the Dark Knight

Scars run deep in Christopher Nolan’s Götterdämmerung
“The night is darkest just before the dawn,” says District Attorney Harvey Dent in The Dark Knight .
By BRETT MICHEL | January 12, 2009

Naked in the public square

Freedom Watch
In the finest Puritan tradition, Middlesex District Attorney Gerald Leone is crusading to save Harvard Square from the shock and awe of the nude human form.
By HARVEY SILVERGLATE AND JAMES TIERNEY | June 25, 2008

The failure of ‘tough-on-crime’ tactics

Left untreated, drug addicts pose greater costs for everyone else
It was after midnight, and Dawn Jacques lay sleepless in her cell at the Adult Correctional Institutions, shuddering. Bathed in sweat, she stared at the ceiling for hours until it blurred.
By TE-PING CHEN | May 08, 2008

Study finds the ACI remains a debtors’ prison

Credit check
Every day, an average of 18 people are incarcerated at the Adult Correctional Institutions (ACI) due to their inability to pay court fines.
By ARIEL WERNER | April 23, 2008

The bong show

Massachusetts lawmakers are pushing to criminalize Salvia. Is this a test-run for marijuana-law reform?
Some state legislators are using the flawed logic of prohibition to try to outlaw another plant they fear kids are using as a legal substitute for pot.
By JAMES TIERNEY | April 23, 2008

Scare tactics

When comics were too crude for school
A steady ripple of anti-comics sentiment was crystallized in the early ’50s.
By DOUGLAS WOLK | March 24, 2008

The case of Milan Kohout

The right of a performance artist represents the rights of all Americans. Plus, an opportunity with Cuba.
Kohout, a serious man, was engaged in the serious business of political protest.
By EDITORIAL | February 21, 2008

Framed?

The Boston Police investigation of Stephan Cowans led to a wrongful conviction. Was it incompetent — or corrupt?
The Boston Phoenix has uncovered substantial new information about the Cowans case.
By DAVID S. BERNSTEIN | January 28, 2010

Righting a staggering wrong

It is time for the US Attorney to investigate how and why the Boston police wrongfully convicted Stephan Cowans
US Attorney Michael J. Sullivan should launch an investigation into how that department managed to help convict the wrong man in the 1997 shooting of a Boston cop.
By EDITORIAL | February 06, 2008

Wave of reform

There is now a chance to fix Maine’s broken corrections system, but only if the public speaks up
A wave of change is moving swiftly toward Maine’s jails and prisons. It could bring major reform — or a bureaucratic jumble.
By LANCE TAPLEY | February 06, 2008

Cash carousel

Many things changed this year on Beacon Hill, but not the power of the almighty dollar
Even though the dollar has taken an international whupping of late, there remains at least one place where the love of the greenback remains strong: Beacon Hill.
By DAVID S. BERNSTEIN | January 30, 2008

Ring of fire

The deadbeat FBI fails to pay its phone bills and jeopardizes its wiretapping program
An ugly squabble between the Federal Bureau of Investigation and the nation’s biggest phone companies has, in one nasty blow, recast the image of all the entities involved.
By HARVEY SILVERGLATE | January 23, 2008

Menino’s hit list

40 potential candidates for the 2009 election who could take on the mayor — if they have the courage.
At a recent political event, Boston mayor Thomas M. Menino asked Robert Crane, the former long-time state treasurer, how many years he had held that office.
By DAVID S. BERNSTEIN | November 28, 2007