COURTS AND CORRECTIONS - DID THE HIGHEST COURT IN MASSACHUSETTS GIVE INMATES THE RIGHT TO USE FORCE AGAINST GUARDS?

• NCJ Number: 35498
• Journal: Corrections Magazine Volume: 2 Issue: 4 Dated: (JUNE 1976) Pages: 13,14 AND 16
• Author(s): D GILMAN
• Date Published: 1976
• Length: 3 pages
• Corporate Author: Correctional Information Service, Inc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE MASSACHUSETTS SUPREME JUDICIAL COURT DECISION IN COMMONWEALTH V MARTIN (1976) TO DETERMINE IF THE RULING HAD ANY PART IN CAUSING A RIOT AT THE CONCORD REFORMATORY TWO WEEKS LATER.

Abstract

IN MARTIN, THE COURT OVERTURNED THE ASSAULT CONVICTION OF AN INMATE WHO ASSERTED THAT HE HAD ATTACKED TWO GUARDS USING REASONABLE AND JUSTIFIABLE FORCE WHO WERE BEATING ANOTHER INMATE WITH MOPS AND CLUBS. THE COURT OVERTURNED THE CONVICTION CITING PRECEDENTS WHERE THE RIGHT TO USE FORCE WAS RECOGNIZED WHEN THE DEFENDANT WAS INTERVENING IN DEFENSE OF ANOTHER UNDER VIOLENT ATTACK. THE AUTHOR EXAMINES THE VALIDITY OF THE JUSTIFICATION DEFENSE AND ITS IMPLICATIONS FOR CORRECTIONAL LAW.