The Lindsay Clancy murder trial is now with the jury, but the death penalty is not a possible punishment in the case. Massachusetts does not allow capital punishment in state courts. The ruled the state’s death penalty law unconstitutional in 1984. Clancy, 36, is charged with three counts of first-degree murder in the 2023 deaths of her children, Cora, 5, Dawson, 3, and Callan, 8 months. Jurors began deliberating Thursday, Aug. 27, and ended their second day Friday without a verdict. They are expected to return Monday.
Does Massachusetts have the death penalty?
No, Massachusetts has not allowed the death penalty as a punishment in state court since the Supreme Judicial Court struck down the state’s capital punishment law in 1984. The ruling said the law violated protections in the Massachusetts Declaration of Rights.
That means the penalty is not an option for Lindsay Clancy if she is convicted in Plymouth Superior Court. The case is being handled under Massachusetts state law.
Federal cases are different. Federal prosecutors can seek the death penalty for certain crimes even when they happen in Massachusetts. The case of Boston Marathon bomber Dzhokhar Tsarnaev is one example because it was prosecuted in federal court.
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What could happen to Lindsay Clancy if she is convicted?
The jury is deciding among several possible outcomes for each of the three murder charges. Those include first-degree murder, second-degree murder, manslaughter, not guilty, or not guilty by lack of criminal responsibility.
If Clancy is found guilty of first-degree , the normal sentence for an adult is life in prison without parole. A second-degree murder conviction also carries a life sentence, but parole can become possible after the minimum period set by the court. The sentencing rules have exceptions for people who were under 21 when the crime happened, but Clancy was 36 in January 2023.
A manslaughter conviction carries a lower sentence, with Massachusetts law allowing up to 20 years in state prison.
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Why is criminal responsibility central to the Lindsay Clancy trial?
The main issue before the jury is not simply whether Clancy killed her children. She has admitted to the killings. The question is whether she was criminally responsible for what she did.
Clancy’s defense has argued that she was suffering from severe mental illness, including , and could not understand that her actions were wrong or control her conduct. Prosecutors have argued that she understood what she was doing and made a deliberate choice.
The jury began deliberations Thursday after closing arguments and continued Friday. According to The Associated Press, jurors reviewed evidence including a knife Clancy used during her suicide attempt and bags containing empty prescription pill bottles. No verdict had been reached by the end of Friday, and deliberations are expected to continue Monday.
If the jury finds Clancy not guilty by lack of criminal responsibility, that does not automatically mean she walks free. Massachusetts law can allow for psychiatric evaluation and commitment for treatment when a person is found not criminally responsible
