Close Search
Round Separator
Menu Search Death Penalty Information Center
  • About
    • Staff & Board of Directors
    • About Us
    • DPIC in the Media
    • DPIC Testimony
    • Press Releases
    • Work for DPIC
  • For the Media
  • Resources
    • Publications & Testimony
    • Related Websites
    • DPIC Podcasts
    • DPIC Reports
    • New Voices
    • En Español
  • For Educators
  • Fact Sheet
  • Donate
  • Email
  • Facebook
  • Twitter
Home
  • Policy Issues
    • Arbitrariness
    • Costs
    • Deterrence
    • Human Rights
    • Innocence
    • Intellectual Disability
    • International
    • Juveniles
    • Mental Illness
    • Prosecutorial Accountability
    • Race
    • Representation
    • Sentencing Alternatives
    • Victims' Families
  • Facts & Research
    • Fact Sheet
    • Death Penalty Census
    • Clemency
    • Crimes Punishable by Death
    • DPIC Reports
    • History of the Death Penalty
    • Innocence Database
    • Murder Rates
    • Public Opinion
    • Recent Legislative Activity
    • Religion
    • Sentencing Data
    • Student Research Center
    • United States Supreme Court
  • Executions
    • Executions Overview
    • Upcoming Executions
    • Execution Database
    • Methods of Execution
    • Botched Executions
    • Lethal Injection
  • Death Row
    • Death Row Overview
    • Conditions on Death Row
    • Foreign Nationals
    • Native Americans
    • Time on Death Row
    • Women
  • State & Federal Info
    • State by State
    • Federal Death Penalty
    • Military
  • Home
  • Policy Issues
    • Arbitrariness
    • Costs
    • Deterrence
    • Human Rights
    • Innocence
    • Intellectual Disability
    • International
    • Juveniles
    • Mental Illness
    • Prosecutorial Accountability
    • Race
    • Representation
    • Sentencing Alternatives
    • Victims' Families
  • Facts & Research
    • Fact Sheet
    • Death Penalty Census
    • Clemency
    • Crimes Punishable by Death
    • DPIC Reports
    • History of the Death Penalty
    • Innocence Database
    • Murder Rates
    • Public Opinion
    • Recent Legislative Activity
    • Religion
    • Sentencing Data
    • Student Research Center
    • United States Supreme Court
  • Executions
    • Executions Overview
    • Upcoming Executions
    • Execution Database
    • Methods of Execution
    • Botched Executions
    • Lethal Injection
  • Death Row
    • Death Row Overview
    • Conditions on Death Row
    • Foreign Nationals
    • Native Americans
    • Time on Death Row
    • Women
  • State & Federal Info
    • State by State
    • Federal Death Penalty
    • Military
  • About
    • Staff & Board of Directors
    • About Us
    • DPIC in the Media
    • DPIC Testimony
    • Press Releases
    • Work for DPIC
  • For the Media
  • Resources
    • Publications & Testimony
    • Related Websites
    • DPIC Podcasts
    • DPIC Reports
    • New Voices
    • En Español
  • For Educators
  • Fact Sheet
  • Donate

State And Federal Info

Massachusetts

History of the Death Penalty

Massachusetts was one of the first states to carry out the death penalty in colonial times but has since changed its approach. In early times, hanging was the primary method of execution. Some defendants in the 1600’s were executed for religious affiliations. Mary Dyer was just one of the people executed for affiliating with the Quaker religion and there were dozens of individuals, both male and female, executed for witchcraft. In 1900, Massachusetts installed an electric chair to be used in death penalty cases. Electrocution was the most common form of execution in the Commonwealth until capital punishment was abolished in 1984. After the death penalty was ruled unconstitutional in the state, governors, including Mitt Romney, have tried to reinstate the death penalty. Attempts thus far have been unsuccessful.

Famous Cases

John Billington, a colonist who arrived on the Mayflower, was the first person executed in Massachusetts, in 1630. He was hung for killing John Newcomen.

On April 15, 1920, two men, Frederick Parmenter and Alessandro Berardelli, were robbed and murdered in Braintree, Massachusetts. The two men charged with the murder, Ferdinando Nicola Sacco and Bartolomeo Vanzetti, were Italian immigrants and followers of Luigi Galleani, an Italian anarchist. Before Sacco and Vanzetti were tried for the murders, Vanzetti was tried and convicted of a separate robbery, despite the testimony of 16 witnesses who provided an alibi for him. Heavy security was put in place for the murder trial, due to fears that other anarchists might try to bomb the courthouse. The prosecution presented evidence that one of the four bullets retrieved from Berardelli’s body matched a gun owned by Sacco, though witnesses testified that they saw one man shoot Berardelli four times, suggesting that all four bullets should have come from the same gun. Defense witnesses testified that they were having lunch with Sacco at the time of the robbery and murder, and others said that Vanzetti had been selling fish at that time. When Sacco and Vanzetti were convicted of first-degree murder, a capital crime, demonstrations were held in cities throughout Italy and Latin America. Supporters believed that the men had been convicted because of their anarchist beliefs.

In 1925, Celestino Madeiros, an ex-convict awaiting trial for a different murder, confessed to committing the Braintree murders. Lawyers for Sacco and Vanzetti presented an appeal to Massachusetts’ highest court, the Supreme Judicial Court, but it was denied. In denying the appeal, the court said, “It is not imperative that a new trial be granted even though the evidence is newly discovered and, if presented to a jury, would justify a different verdict.” In 1927, after the appeal had been denied, Judge Webster Thayer sentenced the two men to death. The governor denied clemency after a commission he had formed declared that the trial had been fair. Madeiros (who had been convicted of a separate murder), Sacco, and Vanzetti were all executed on August 23, 1927. The following day, protesters demonstrated around the world. Over 10,000 people in Boston viewed Sacco and Vanzetti in open caskets over two days. Fifty years later, then-Governor Michael Dukakis declared August 23, 1977 Nicola Sacco and Bartolomeo Vanzetti Memorial Day.

The last executions to take place in Massachusetts were Phillip Bellino and Edward Gertson on May 9, 1947 for the murder of Robert William. Both defendants were electrocuted at Charlestown State Prison. Their executions inspired a commission to evaluate the death penalty in Massachusetts to determine the effectiveness.

Milestones in Abolition/Reinstatement

After Furman v. Georgia, voters in the Commonwealth passed an amendment that allowed the death penalty in 1982. Under this new amendment, the state could not “be construed as prohibiting the imposition of the punishment of death”. Later that same year, the legislature passed a bill reinstating the death penalty for first-degree murder.

In Commonwealth v. Colon-Cruz (1984), the Massachusetts law that enabled capital punishment was ruled unconstitutional on the grounds that it was not applied fairly, since only defendants who went to trial were eligible; this excluded defendants who plead guilty.

Other Interesting Facts

Until 1951, any first degree murder conviction required the death penalty. This changed to provide jury discretion on most murder cases. However, the death penalty was still mandated in murders involving rape or attempted rape.

In total, there have been 345 executions in Massachusetts, including 26 for witchcraft. Nineteen of those executed for witchcraft were hanged in Salem in 1692 as a result of the infamous Salem Witch Trials.

Sunset on Cape Cod Bay.  Photo by PapaDunes via flickr.
Sunset on Cape Cod Bay. Photo by PapaDunes via flickr.

Resources

  • Department of Corrections
  • Massachusetts Citizens Against the Death Penalty
  • Death Penalty in Massachusetts
  • Prosecutors
  • Public defender’s office
  • Victims’ services

News & Developments


Innocence

Aug 01, 2022

Massachusetts Formally Exonerates Last ​‘Witch’ Wrongfully Condemned During Salem Hysteria. Will Connecticut Follow Suit?

As Massachusetts for­mal­ly exon­er­at­ed the last per­son con­demned for witch­craft in the colony, efforts are under way to clear the names of the 46 peo­ple wrong­ful­ly charged with witch­craft in neigh­bor­ing Connecticut …

Massachusetts Formally Exonerates Last ‘Witch’ Wrongfully Condemned During Salem Hysteria. Will Connecticut Follow Suit?

United States Supreme Court

Oct 14, 2021

Supreme Court Hears Argument on Department of Justice Efforts to Reinstate Death Penalty in Boston Marathon Bombing Case

A United States Supreme Court sharply divid­ed along ide­o­log­i­cal lines heard oral argu­ment October 13, 2021 on the Department of Justice’s appeal of a fed­er­al cir­cuit court’s rul­ing over­turn­ing the death sen­tences imposed on 

Supreme Court Hears Argument on Department of Justice Efforts to Reinstate Death Penalty in Boston Marathon Bombing Case

Innocence

Sep 01, 2021

Massachusetts 8th Graders Push to Exonerate Woman Sentenced to Death in 1693 in Salem Witchcraft Hysteria

A group of 8th graders from North Andover Middle School in North Andover, Massachusetts are cham­pi­oning efforts to posth…

Massachusetts 8th Graders Push to Exonerate Woman Sentenced to Death in 1693 in Salem Witchcraft Hysteria

Race

Aug 03, 2020

Capital Case Roundup — Death Penalty Court Decisions the Week of July 27, 2020

NEWS (7/​31/​20) — Boston, MA: The U.S. Court of Appeals for the First Circuit has over­turned the death sen­tence imposed on Boston marathon bomber Dzhokhar Tsarnaev

Federal Death Penalty

May 13, 2015

EDITORIALS: USA Today Urges Life Without Parole for Dzhokhar Tsarnaev

On May 12, the edi­to­r­i­al board of USA Today affirmed its oppo­si­tion to the death penal­ty in an edi­to­r­i­al urg­ing that Dzhokhar Tsarnaev be sen­tenced to life with­out parole, rather than the death penal­ty, for his role in the Boston marathon…

EDITORIALS: USA Today Urges Life Without Parole for Dzhokhar Tsarnaev

Victims' Families

Apr 15, 2015

VICTIMS’ FAMILIES PERSPECTIVES: Families of Massachusetts Murder Victims Speak Out on Penalty for Tsarnaev

UPDATE: ​“Family mem­bers of two Massachusetts mur­der vic­tims, includ­ing the police offi­cer who was killed by the Tsarnaevs, have spo­ken out con­cern­ing their views on the sen­tence they believe should be imposed on Dzhokhar Tsarnaev …

VICTIMS' FAMILIES PERSPECTIVES: Families of Massachusetts Murder Victims Speak Out on Penalty for Tsarnaev

Federal Death Penalty

Jan 23, 2015

The Difficulties in Selecting Impartial Jury for Boston Bombing Trial

According to a recent arti­cle in the New Yorker, it has been dif­fcult select­ing a jury for the tri­al of Dzho…

The Difficulties in Selecting Impartial Jury for Boston Bombing Trial

Juveniles

Jan 13, 2015

Neuroscience Research Indicates Susceptibility to Influence in Younger Defendants

A grow­ing body of research into ado­les­cent brain devel­op­ment indi­cates that the brains of even those over the age of 18 con­tin­ue to phys­i­cal­ly change in ways relat­ed to cul­pa­bil­i­ty for crim­i­nal offens­es. The Supreme Court referred to such scientif…

Neuroscience Research Indicates Susceptibility to Influence in Younger Defendants

New Voices

Dec 11, 2014

Legal Experts Urge Plea Deal in Boston Bombing Case

In an op-ed for the Boston Globe, three legal experts, includ­ing retired fed­er­al judge and Harvard Law School pro­fes­sor Nancy Gertner (pic­tured), wrote about the ben­e­fits of allow­ing accused Boston Marathon bomber Dzokhar Tsarnaev to plea…

Legal Experts Urge Plea Deal in Boston Bombing Case

Victims' Families

Dec 02, 2014

VICTIMS: Boston Bombing Trial Could Cause More Trauma

In an op-ed in the Boston Herald, Michael Avery, pro­fes­sor emer­i­tus at Suffolk University Law School, whose sis­ter and niece were mur­dered 30 years ago, sug­gest­ed that a plea bar­gain might be a bet­ter our­come for all conc…

VICTIMS: Boston Bombing Trial Could Cause More Trauma
View More

View Information by State

Additional Information


  • Death Penalty: No
  • Number of Executions Since 1976: 0
  • Number of Executions Before 1976 (may include federal and military executions): 345
  • Current Death Row Population: 0
  • Women on Death Row: 0
  • Number of Innocent People Freed From Death Row: 3
  • Number of Clemencies Granted: 0
  • Date of Reinstatement (following Furman v. Georgia): November 2, 1982
  • Date of Abolition: October 18, 1984
  • Location of Death Row/Executions: N/A
  • Capital: Boston
  • Region: Northeast
  • Population: 7,029,917*
  • Murder Rate (per 100,000 population): 2.21
  • Is Life Without Parole an Option: Yes
  • Method of Execution: N/A
  • Clemency Process: N/A
  • Governor: Charlie Baker

Join our mailing list

Death Penalty Information Center
  • Email
  • Facebook
  • Twitter
Policy Issues
  • Arbitrariness
  • Costs
  • Deterrence
  • Innocence
  • Intellectual Disability
  • Juveniles
  • International
  • Mental Illness
  • Prosecutorial Accountability
  • Race
  • Representation
  • Sentencing Alternatives
  • Victims' Families
Facts & Research
  • Fact Sheet
  • Death Penalty Census
  • Clemency
  • Crimes Punishable by Death
  • DPIC Reports
  • History of the Death Penalty
  • Innocence Database
  • Murder Rates
  • Public Opinion
  • Recent Legislative Activity
  • Religion
  • Sentencing Data
  • Student Research Center
  • United States Supreme Court
Executions
  • Executions Overview
  • Upcoming Executions
  • Execution Database
  • Methods of Execution
  • Botched Executions
  • Lethal Injection
Death Row
  • Death Row Overview
  • Conditions on Death Row
  • Foreign Nationals
  • Native Americans
  • Time on Death Row
  • Women
State & Federal Info
  • State by State
  • Federal Death Penalty
  • Military
About
  • About Us
  • Staff & Board of Directors
  • DPIC in the Media
  • DPIC Testimony
  • Press Releases
  • Work for DPIC
For the Media
Resources
  • Related Websites
  • Publications & Testimony
  • DPIC Podcasts
  • DPIC Reports
  • New Voices
  • En Español
For Educators
Fact Sheet
Donate

Death Penalty Information Center | 1701 K Street NW Suite 205 Washington, DC 20006

Phone: 202-289-2275 | Email: [email protected]

Privacy Policy | ©2023 Death Penalty Information Center