Our Positions

  • Access to Justice

    Access to justice means ensuring adequate funding for both civil legal services for the poor and for the courts, so that those who need to turn to the justice system to protect their rights or resolve their disputes will find the sufficient staff and resources to assist them.

  • Criminal Justice

    The BBA believes that the primary concern of a criminal justice system should be promoting public safety and ensuring fair treatment for all citizens. In pursuit of this goal, the BBA has a long history of advocating for policies which are consistent, fiscally responsible and guarantee that the administration of justice in Massachusetts is impartial.

  • Civil Rights & Civil Liberties

    The Massachusetts Constitution — the nation's first and oldest — stands as a beacon for fair and equal treatment under the law for every citizen. It is fitting, then, that the BBA has a long record of voicing opposition to and mobilizing resources against threats to civil rights and civil liberties. Our work in this area spans affirmative action, the right to vote, and same-sex marriage. It also includes the right to privacy, freedom of speech, the balance between liberty and security.

  • Practice of Law

    The BBA inspires the vigorous pursuit of ideas, critical analysis and civic engagement in order to advance the practice of law as a business and a profession and has always worked to integrate opportunities for dynamic change and to exercise judgment and creativity in offering solutions for problems.

  • Children & Families

    The BBA is attentive to legislative matters regarding the care, protection, and support of children, as well as other family-related legal issues. Our vibrant Family Law Section frequently concerns itself with procedural and administrative matters relating to the Probate and Family Court and maintains a continuing dialogue with its judges.

BBA Urges Repeal of Mandatory Minimums for Non-Violent Drug Offenders

Wednesday, November 09, 2011

As the Massachusetts Senate prepares to debate an Act to Protect Public Safety, a proposal that deals with parole reform, habitual offenders, and sentencing, Boston Bar Association President Lisa C. Goodheart issued the following statement:

"We are disappointed that the draft bill, in its current form, is aimed at reducing rather than repealing mandatory sentences for non-violent drug offenders, and in this regard, we believe that it does not go far enough. 

Public safety is not enhanced by mandatory minimum sentences for nonviolent drug offenders.  We can promote public safety by a sensible approach that favors treatment over incarceration for these offenders, especially since mandatory sentences mean that these offenders will likely return to the community without developing the tools they need to successfully reintegrate into society.  Criminal justice reform legislation should include sentencing reform for drug offenses.  The draft Senate sentencing bill is an opportunity to implement meaningful and sensible change in this area by eliminating mandatory minimum sentences for nonviolent drug offenders.

Repealing mandatory sentences for nonviolent drug offenders is sensible, fiscally responsible and far more protective of public safety than a system which relies on mandatory incarceration and ineligibility for positive programs and parole considerations."

For over two decades, the Boston Bar Association has encouraged discussion of the strengths and weaknesses of the Commonwealth's criminal justice system, especially with regard to sentencing reform and prisoner re-entry.  The BBA has issued four major reports addressing the issue of mandatory minimum sentencing:  "Drugs and Justice: A System Abandoned" (1989), "Drugs in the Community: A Scourge Beyond the System" (1990), "The Crisis in Corrections and Sentencing in Massachusetts" (1991) and "Parole Practices in Massachusetts and Their Effect on Community Reintegration" (2002).


Want to see more of what we do? View the BBA's Public Policy Archive here.



As a well-known innovator and opinion leader, the BBA is at the forefront of promoting justice and improving access to the legal system in Massachusetts. The Business Litigation Session of the Superior Court, the Uniform Probate Code, and our successful argument asserting the First Amendment rights of private parties, including bar associations, found in the R.E.B.A. v. N.R.E.I.S amicus brief are just three of the positive changes we have helped make a reality.