Massachusetts will be the sixth state to raise the tobacco buying age to 21, following in the footsteps of Hawaii, California, New Jersey, Oregon and Maine. The SJC found, however, that there was no such clearly expressed intent in the Raise the Age legislation. The legislation, H. 1432 “An Act Expanding Juvenile Jurisdiction,” expands juvenile court jurisdiction to 17-year-olds accused of crimes, and also provides for them to be ordered into the custody of the Department … On Wednesday, September 18, 2013, Massachusetts Governor Deval Patrick signed legislation which raises the age of juvenile jurisdiction from 17 to 18 years. Massachusetts’ New Tobacco Laws The new laws officially went into… Massachusetts Raises Legal Age to Buy Tobacco Products to 21 – Smoke Panda Among a few minor adjustments, the new laws introduce one major change. The Court specifically stated that there are no other provisions in the act that would render prospective application of the act “repugnant.”The Court reasoned that the purpose of the act (to protect minors from certain harms experienced in the adult criminal justice system) did not render solely prospective application “repugnant.” The Court noted that approximately 8,000 cases would have to be transferred to the juvenile justice system, and that the juvenile system would be unable to provide the requisite services necessary to assist the juveniles in these cases. Marcy Mistrett, executive director of the Campaign, said Massachusetts, Illinois and Connecticut are the best bets to follow Vermont in raising the age of some 18- and 19-year-olds. The juvenile justice system’s inability to handle the influx of cases would thereby undermine the purpose of the act, because it would put these juveniles in a system that could not provide the services necessary to help them. The Watts decision addressed two cases involving seventeen year old defendants that were charged prior to the enactment of the Raise the Age legislation, but whose cases were pending at the time the law was passed. Attorney Daniel Cappetta is a skilled attorney who has extensive experience working in both the juvenile justice system, and with young adults facing charges in District and Superior Court.

Massachusetts House Moves to Raise the Age. June 12, 2013 Zoe Schein . Massachusetts lawmakers will likely consider a change that would raise the age at which someone is considered an adult in the criminal justice system. The Court also noted the significant practical implications of transferring these 8,000 cases to the juvenile justice system’s case load, concluding that the “consequences of applying the act retroactively to cases…simply were not taken into consideration by the [l]egislature when enacting the act.”Lastly, the Court rejected the defendants’ claim that the legislation had to be applied retroactively to comply with the US Attorney General’s requirement that, for penal institutions to receive federal grant money, defendants under eighteen years of age must be held separately from adult inmates. Attorney Cappetta will make sure that you are well represented, regardless of where you are facing charges. The contact form sends information by non-encrypted email, which is not secure. Massachusetts lawmakers want to raise the smoking age to 21, but retailers question effectiveness State Juvenile Court Jurisdiction Hasn't Changed Since 19th Century. In 2013, Massachusetts raised the juvenile age from 17 to 18. The Court stated that the fact that full compliance may not occur instantaneously was not a circumstance that rendered prospective application of the act “repugnant” to the purposes of the law.Although the Court’s decision is disappointing to those seventeen year olds with pending cases at the time of the Raise the Age legislation, the fact that a defendant is a young adult still plays a significant role in the adjudication of the case – even if the case is not handled in the juvenile system. The Court stated that the consequence of a failure to comply is a reduction of grant money, which can be avoided if the state provides an assurance that some of the grant money would be earmarked for the purpose of enabling the state to fully comply with the federal requirements. After the passage of the law, both of the defendants moved to dismiss the charges against them on the ground that the District Court no longer had jurisdiction over them because they were seventeen years of age at the time the alleged offenses occurred and when the criminal proceedings began. This article is more than 2 years old..



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