Burial Grounds, Cemetery, Graveyards
Burial Grounds: Is a cemetery or graveyard, that denotes a burial place of a distinctive group, either by religion or community.
Cemetery: A term used to denote burials on land that don’t adjoin a church.
Graveyards (or Churchyards): A specific term used to denote burials that are located on church property. Church property is considered “consecrated,” meaning that the land is set aside and dedicated to the service of God.
Consecrated ground is considered sacred, and it is believed that burial upon sacred ground would bring your soul closer to Heaven. To be considered consecrated, the boundary of the graveyard has to be marked and easily identified. The graveyard must be maintained, if it becomes overgrown or abandoned, it is no longer considered consecrated.
Burial Grounds: Is a cemetery or graveyard, that denotes a burial place of a distinctive group, either by religion or community.
Cemetery: A term used to denote burials on land that don’t adjoin a church.
Graveyards (or Churchyards): A specific term used to denote burials that are located on church property. Church property is considered “consecrated,” meaning that the land is set aside and dedicated to the service of God.
Consecrated ground is considered sacred, and it is believed that burial upon sacred ground would bring your soul closer to Heaven. To be considered consecrated, the boundary of the graveyard has to be marked and easily identified. The graveyard must be maintained, if it becomes overgrown or abandoned, it is no longer considered consecrated.
Criminal Trial Outcomes
- Guilty Verdict: The jury or judge determines the defendant is guilty of the charged offenses. This leads to the sentencing phase, where the judge imposes penalties such as incarceration, fines, or probation. [1, 2, 3, 4]
- Acquittal: The defendant is found not guilty. This means the prosecution did not prove the charges beyond a reasonable doubt, and the defendant is typically released immediately. [1, 2, 3, 4, 5]
- Hung Jury: The jurors cannot agree on a unanimous verdict, resulting in a mistrial. Prosecutors must then decide whether to retry the case or dismiss the charges. [1, 2, 3]
- Mistrial: The trial is declared invalid due to procedural errors, jury misconduct, or other legal issues
Cause of Death vs. Manner of Death
Cause of death is the disease or injury that leads to a death. Manner of death involves five (5) categories or circumstances that lead to a death: Natural, Accident, Homicide (murder), Suicide, and Undetermined.
The undetermined status is used when the circumstances aren't clear, or a determination can't be made.
Cause of death is the disease or injury that leads to a death. Manner of death involves five (5) categories or circumstances that lead to a death: Natural, Accident, Homicide (murder), Suicide, and Undetermined.
The undetermined status is used when the circumstances aren't clear, or a determination can't be made.
Massachusetts Cemetery Laws
Massachusetts General Laws Chapter 114:
Massachusetts cemetery laws, primarily outlined in General Laws Chapter 114, govern the establishment, maintenance, and regulation of burial sites. Key regulations include mandatory burial permits, restrictions on desecration (including a prohibition on grave rubbing), and specific rules regarding the care and transfer of cemetery lots.
Section 10A: Municipality ownership of unclaimed graves; reuse of occupied graves
No municipality shall take over the ownership of an unoccupied grave unless a minimum of seventy-five (75) years has elapsed after issuance of a license for the grave by the municipality or its predecessor in interest; and the municipality cannot locate the license holder or the holder's successor in interest after making a diligent search.
If ownership of the license is ascertained after such a taking occurs, then the municipality shall pay the fair value of the license at the time of taking to the owner.
No municipality shall reuse an occupied grave except: upon the request and with the consent of a relative or descendant of the decedent occupying the grave, providing that no other descendant objects; to provide for the burial of a relative or descendant of the decedent occupying the grave; and if the remains of the decedent occupying the grave will remain in the grave. The municipality shall determine, by by-law or ordinance, the method to be used in reusing such occupied graves and may reasonably limit the circumstances under which such reuse can occur.
Section 17: Preservation of ancient burial places
A town shall not alienate or appropriate to any other use than that of a burial ground, any tract of land which has been for more than one hundred (100) years used as a burial place; and no portion of such burial ground shall be taken for public use without special authority from the general court. ''Burial place'', as referred to in this section, shall include unmarked burial grounds known or suspected to contain the remains of one or more American Indian.
Section 18: Care of neglected burial places within limits of town
Any town having within its limits an abandoned or neglected burying ground may take charge of the same and keep it in good order, and may appropriate money therefor, but no property rights shall be violated, and nobody shall be disinterred. No fence, tomb, monument or other structure shall be removed or destroyed, but the same may be repaired or restored.
Section 42: Passage through cemeteries
Whoever uses as a means of passage from one point to another, not being thereupon at the time for any other purpose, the premises of a cemetery or burial place, in any other parts thereof than the defined ways, paths and walks, shall be punished by a fine of not more than twenty dollars ($20).
Section 42A: Visitation hours of cemeteries
No cemetery exempted from taxation under the provisions of MGL Ch 59 Sec 5 shall be closed for visitations between the hours of 8AM and sunset, except during the months of June, July, August and September when such cemeteries shall remain open until 7PM; provided, however, that the provisions of this section shall not apply on Saturdays if the cemetery is owned or used exclusively by a religious denomination which observes the Sabbath on Saturday. It shall be deemed to be a violation of this section if entrance to or exit from any such cemetery by motor vehicle is prevented during said hours, if said cemetery has accessible roads for motor vehicles; provided, however, that access by motor vehicle may be prevented on the second Sunday in May, the last Monday in May, and on Easter Sunday. Whoever willfully violates this section shall be punished by a fine of not more than one hundred dollars ($100).
Section 42B: Commercial use of cemeteries; consent; penalties
No person shall use the premises of a cemetery or burial place for the purpose of taking photographs or making a motion picture for commercial purposes without the previous consent of the board of commissioners, trustees or directors of such cemetery or burial place or their designees. Whoever violates the provisions of this section shall be punished by a fine of not more than one thousand dollars ($1000) or by imprisonment for not more than six (6) months.
Massachusetts General Laws Chapter 272 Sections 73-75:
Massachusetts General Laws (MGL) Chapter 272, Sections 73–75, define the desecration of cemeteries and graves as criminal offenses, punishing the willful destruction, damage, or removal of tombs, monuments, gravestones, and associated landscaping (trees, shrubs, plants). Penalties can involve fines up to ($1,000) or imprisonment for up to six (6) months.
Section 73: Tombs, graves, memorials, trees, plants; injuring, removing
Whoever willfully destroys, mutilates, defaces, injures or removes a tomb, monument, gravestone, American flag, veteran's grave marker, metal plaque, veteran's commemorative flag holder, commemorative flag holder representing service in a police or fire department, veteran's flag holder that commemorates a particular war, conflict or period of service or flag, or other structure or thing which is placed or designed for a memorial of the dead, or a fence railing, curb or other thing which is intended for the protection or ornament of a structure or thing before mentioned or of an enclosure for the burial of the dead, or willfully removes, destroys, mutilates, cuts, breaks or injures a tree, shrub or plant placed or being within such enclosure, or wantonly or maliciously disturbs the contents of a tomb or a grave, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the jail or house of correction for not more than two and one-half years and by a fine of not more than five thousand dollars.
In addition, the court shall order any person convicted of an offense pursuant to this section to pay restitution to the owner of the property that was damaged, destroyed, mutilated, defaced, injured or removed.
Section 73A: Removal of gravestones and other memorials for repair or reproduction
In any city or town which accepts this section, the provisions of section seventy-three shall not prohibit the removal, in accordance with rules and regulations promulgated by the state secretary, of a gravestone or other structure or thing which is placed or designed as a memorial for the dead, for the purpose of repair or reproduction thereof by community sponsored, educationally oriented, and professionally directed repair teams.
Actions prohibited include grave rubbing, as it can damage, etch, or speed up the deterioration of historic stones, which is prohibited under Section 73.
Section 73B: Sale of or attempt to sell stolen commemorative grave marker; receipt, retention or disposal of stolen commemorative grave marker
''commemorative grave marker'' shall mean a grave marker, headstone, monument, structure, medallion or other object designed to commemorate the grave of a veteran, police officer or firefighter.
Whoever sells or attempts to sell a commemorative grave marker that has been stolen and the person knows or should know the commemorative grave marker to be stolen, shall be punished by a fine of not more than $5,000 for a first offense and for a second or subsequent offense by imprisonment in a state prison for not more than 5 years or by imprisonment in a jail or house of correction for not more than 21/2 years and by a fine of not more than $5,000.
Whoever receives, retains or disposes of a commemorative grave marker that the person knows or should know to be stolen, shall be punished by a fine of not more than $5,000; provided, however, that no such penalty shall be imposed upon: (i) a person who receives or retains the commemorative grave marker with the intent to return it to a cemetery, a member of law enforcement, a member of a fire department, a member of the executive office of veterans' services, a non-profit veterans' services group or a veterans' agent of a city or town; or (ii) a person who in fact disposes of the commemorative grave marker by returning it to a cemetery, a member of law enforcement, a member of a fire department, a member of the executive office of veterans' services, a non-profit veterans' services group or a veterans' agent of a city or town.
Section 74: Desecrating place of burial; use and occupation as evidence of title
Whoever wrongfully, and by any act not included in the preceding section, destroys, injures or removes a building, fence, railing or other thing lawfully erected in or around a place of burial or cemetery, or a tree, shrub or plant within its limits, or wrongfully injures a walk or path, or places rubbish or offensive matter or commits a nuisance therein, or in any way desecrates or disfigures the same, shall forfeit not less than five (5) nor more than one hundred dollars ($100). Upon the trial of a complaint hereunder, use and occupation for the purposes of burial shall be sufficient evidence of title.
Section 75: Removal of flowers, flags or memorial tokens from burial lot
Whoever, without authority, removes flowers, flags or memorial tokens from any grave, tomb, monument or burial lot in any cemetery or other place of burial shall be punished by a fine of not more than one thousand dollars ($100) or by imprisonment for not more than six (6) months.
Massachusetts General Laws Chapter 114:
Massachusetts cemetery laws, primarily outlined in General Laws Chapter 114, govern the establishment, maintenance, and regulation of burial sites. Key regulations include mandatory burial permits, restrictions on desecration (including a prohibition on grave rubbing), and specific rules regarding the care and transfer of cemetery lots.
Section 10A: Municipality ownership of unclaimed graves; reuse of occupied graves
No municipality shall take over the ownership of an unoccupied grave unless a minimum of seventy-five (75) years has elapsed after issuance of a license for the grave by the municipality or its predecessor in interest; and the municipality cannot locate the license holder or the holder's successor in interest after making a diligent search.
If ownership of the license is ascertained after such a taking occurs, then the municipality shall pay the fair value of the license at the time of taking to the owner.
No municipality shall reuse an occupied grave except: upon the request and with the consent of a relative or descendant of the decedent occupying the grave, providing that no other descendant objects; to provide for the burial of a relative or descendant of the decedent occupying the grave; and if the remains of the decedent occupying the grave will remain in the grave. The municipality shall determine, by by-law or ordinance, the method to be used in reusing such occupied graves and may reasonably limit the circumstances under which such reuse can occur.
Section 17: Preservation of ancient burial places
A town shall not alienate or appropriate to any other use than that of a burial ground, any tract of land which has been for more than one hundred (100) years used as a burial place; and no portion of such burial ground shall be taken for public use without special authority from the general court. ''Burial place'', as referred to in this section, shall include unmarked burial grounds known or suspected to contain the remains of one or more American Indian.
Section 18: Care of neglected burial places within limits of town
Any town having within its limits an abandoned or neglected burying ground may take charge of the same and keep it in good order, and may appropriate money therefor, but no property rights shall be violated, and nobody shall be disinterred. No fence, tomb, monument or other structure shall be removed or destroyed, but the same may be repaired or restored.
Section 42: Passage through cemeteries
Whoever uses as a means of passage from one point to another, not being thereupon at the time for any other purpose, the premises of a cemetery or burial place, in any other parts thereof than the defined ways, paths and walks, shall be punished by a fine of not more than twenty dollars ($20).
Section 42A: Visitation hours of cemeteries
No cemetery exempted from taxation under the provisions of MGL Ch 59 Sec 5 shall be closed for visitations between the hours of 8AM and sunset, except during the months of June, July, August and September when such cemeteries shall remain open until 7PM; provided, however, that the provisions of this section shall not apply on Saturdays if the cemetery is owned or used exclusively by a religious denomination which observes the Sabbath on Saturday. It shall be deemed to be a violation of this section if entrance to or exit from any such cemetery by motor vehicle is prevented during said hours, if said cemetery has accessible roads for motor vehicles; provided, however, that access by motor vehicle may be prevented on the second Sunday in May, the last Monday in May, and on Easter Sunday. Whoever willfully violates this section shall be punished by a fine of not more than one hundred dollars ($100).
Section 42B: Commercial use of cemeteries; consent; penalties
No person shall use the premises of a cemetery or burial place for the purpose of taking photographs or making a motion picture for commercial purposes without the previous consent of the board of commissioners, trustees or directors of such cemetery or burial place or their designees. Whoever violates the provisions of this section shall be punished by a fine of not more than one thousand dollars ($1000) or by imprisonment for not more than six (6) months.
Massachusetts General Laws Chapter 272 Sections 73-75:
Massachusetts General Laws (MGL) Chapter 272, Sections 73–75, define the desecration of cemeteries and graves as criminal offenses, punishing the willful destruction, damage, or removal of tombs, monuments, gravestones, and associated landscaping (trees, shrubs, plants). Penalties can involve fines up to ($1,000) or imprisonment for up to six (6) months.
Section 73: Tombs, graves, memorials, trees, plants; injuring, removing
Whoever willfully destroys, mutilates, defaces, injures or removes a tomb, monument, gravestone, American flag, veteran's grave marker, metal plaque, veteran's commemorative flag holder, commemorative flag holder representing service in a police or fire department, veteran's flag holder that commemorates a particular war, conflict or period of service or flag, or other structure or thing which is placed or designed for a memorial of the dead, or a fence railing, curb or other thing which is intended for the protection or ornament of a structure or thing before mentioned or of an enclosure for the burial of the dead, or willfully removes, destroys, mutilates, cuts, breaks or injures a tree, shrub or plant placed or being within such enclosure, or wantonly or maliciously disturbs the contents of a tomb or a grave, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the jail or house of correction for not more than two and one-half years and by a fine of not more than five thousand dollars.
In addition, the court shall order any person convicted of an offense pursuant to this section to pay restitution to the owner of the property that was damaged, destroyed, mutilated, defaced, injured or removed.
Section 73A: Removal of gravestones and other memorials for repair or reproduction
In any city or town which accepts this section, the provisions of section seventy-three shall not prohibit the removal, in accordance with rules and regulations promulgated by the state secretary, of a gravestone or other structure or thing which is placed or designed as a memorial for the dead, for the purpose of repair or reproduction thereof by community sponsored, educationally oriented, and professionally directed repair teams.
Actions prohibited include grave rubbing, as it can damage, etch, or speed up the deterioration of historic stones, which is prohibited under Section 73.
Section 73B: Sale of or attempt to sell stolen commemorative grave marker; receipt, retention or disposal of stolen commemorative grave marker
''commemorative grave marker'' shall mean a grave marker, headstone, monument, structure, medallion or other object designed to commemorate the grave of a veteran, police officer or firefighter.
Whoever sells or attempts to sell a commemorative grave marker that has been stolen and the person knows or should know the commemorative grave marker to be stolen, shall be punished by a fine of not more than $5,000 for a first offense and for a second or subsequent offense by imprisonment in a state prison for not more than 5 years or by imprisonment in a jail or house of correction for not more than 21/2 years and by a fine of not more than $5,000.
Whoever receives, retains or disposes of a commemorative grave marker that the person knows or should know to be stolen, shall be punished by a fine of not more than $5,000; provided, however, that no such penalty shall be imposed upon: (i) a person who receives or retains the commemorative grave marker with the intent to return it to a cemetery, a member of law enforcement, a member of a fire department, a member of the executive office of veterans' services, a non-profit veterans' services group or a veterans' agent of a city or town; or (ii) a person who in fact disposes of the commemorative grave marker by returning it to a cemetery, a member of law enforcement, a member of a fire department, a member of the executive office of veterans' services, a non-profit veterans' services group or a veterans' agent of a city or town.
Section 74: Desecrating place of burial; use and occupation as evidence of title
Whoever wrongfully, and by any act not included in the preceding section, destroys, injures or removes a building, fence, railing or other thing lawfully erected in or around a place of burial or cemetery, or a tree, shrub or plant within its limits, or wrongfully injures a walk or path, or places rubbish or offensive matter or commits a nuisance therein, or in any way desecrates or disfigures the same, shall forfeit not less than five (5) nor more than one hundred dollars ($100). Upon the trial of a complaint hereunder, use and occupation for the purposes of burial shall be sufficient evidence of title.
Section 75: Removal of flowers, flags or memorial tokens from burial lot
Whoever, without authority, removes flowers, flags or memorial tokens from any grave, tomb, monument or burial lot in any cemetery or other place of burial shall be punished by a fine of not more than one thousand dollars ($100) or by imprisonment for not more than six (6) months.
Massachusetts Real Estate Transactions; disclosure; psychologically impacted property.
Massachusetts General Laws Chapter 93 Section 114:
The fact or suspicion that real property may be or is psychologically impacted shall not be deemed to be a material fact required to be disclosed in a real estate transaction.
“Psychologically impacted” shall mean an impact being the result of facts or suspicions including, but not limited to, the following:
(a) that an occupant of real property is now or has been suspected to be infected with the Human Immunodeficiency Virus (HIV) or with Acquired Immune Deficiency Syndrome (AIDS) or any other disease which reasonable medical evidence suggests being highly unlikely to be transmitted through the occupying of a dwelling.
(b) that the real property was the site of a felony, suicide or homicide; and
(c) that the real property has been the site of an alleged para-psychological or supernatural phenomenon.
No cause of action shall arise or be maintained against a seller or lessor of real property or a real estate broker or salesman, by statute or at common law, for failure to disclose to a buyer or tenant that the real property is or was psychologically impacted. Notwithstanding the foregoing, the provisions of this section shall not authorize a seller, lessor or real estate broker or salesman to make a misrepresentation of fact or false statement.
Massachusetts General Laws Chapter 93 Section 114:
The fact or suspicion that real property may be or is psychologically impacted shall not be deemed to be a material fact required to be disclosed in a real estate transaction.
“Psychologically impacted” shall mean an impact being the result of facts or suspicions including, but not limited to, the following:
(a) that an occupant of real property is now or has been suspected to be infected with the Human Immunodeficiency Virus (HIV) or with Acquired Immune Deficiency Syndrome (AIDS) or any other disease which reasonable medical evidence suggests being highly unlikely to be transmitted through the occupying of a dwelling.
(b) that the real property was the site of a felony, suicide or homicide; and
(c) that the real property has been the site of an alleged para-psychological or supernatural phenomenon.
No cause of action shall arise or be maintained against a seller or lessor of real property or a real estate broker or salesman, by statute or at common law, for failure to disclose to a buyer or tenant that the real property is or was psychologically impacted. Notwithstanding the foregoing, the provisions of this section shall not authorize a seller, lessor or real estate broker or salesman to make a misrepresentation of fact or false statement.
DNA Chart
Massachusetts DNA Requirements
A. Convictions: Anyone convicted of an offense that could lead to state prison time.
B. Youthful offenders: Anyone adjudicated a youthful offender for an offense that could lead to state prison time.
C. Probation: Anyone sentenced to probation must submit a sample as a condition of probation
D. Felonies: Anyone convicted of a felony after February 10, 2004, must submit a sample.
A. Convictions: Anyone convicted of an offense that could lead to state prison time.
B. Youthful offenders: Anyone adjudicated a youthful offender for an offense that could lead to state prison time.
C. Probation: Anyone sentenced to probation must submit a sample as a condition of probation
D. Felonies: Anyone convicted of a felony after February 10, 2004, must submit a sample.
Post-Conviction DNA Testing
Massachusetts General Law Ch. 278A, Section 2, dictates that a " person may file a motion for forensic or scientific analysis under this chapter if that person:
(1) has been convicted of a criminal offense in a court of the commonwealth.
(2) is incarcerated in a state prison, house of correction, is on parole or probation or whose liberty has been otherwise restrained as the result of a conviction; and (3) asserts factual innocence of the crime for which the person has been convicted."
Massachusetts General Law Ch. 278A, Section 2, dictates that a " person may file a motion for forensic or scientific analysis under this chapter if that person:
(1) has been convicted of a criminal offense in a court of the commonwealth.
(2) is incarcerated in a state prison, house of correction, is on parole or probation or whose liberty has been otherwise restrained as the result of a conviction; and (3) asserts factual innocence of the crime for which the person has been convicted."