Clearing Financial Clutter, Minimalist Style

Bridid Kayaking Maine 2015

Clearing Financial Clutter, Minimalist Style

By Attorney Ginger B. Kelly, June 6, 2018

Living the minimalist lifestyle has been an ongoing passion of mine for at least the past five years. Working on becoming less cluttered, less driven by my own urges and material wants, is something I strive to do every day.  In turn, this leaves more time to become more creative, mindful and wise. This is a process, not a destination.

Minimalism is also a movement. It’s a personal organization life-design and a simpler way of life.  Living the simple less cluttered life, financially, tends to make your wallet and your heart more full and happy.  A person only needs a few things to find comfort and safety.  Likewise, a person only needs a very few tools to keep their financial life under control and comfortable.  Many credit cards and savings accounts will not bring more mental calmness and financial security.  In fact, a cluttered financial life will limit your options and your productivity.

USE ONE SIMPLE PLAN TO PAY YOURSELF FIRST

First and foremost, pay yourself.  Use one long term savings account, if possible.  The strategy is to save at least 10% for your long term retirement goals.  The minimalist strategy is to have only one 401(k) or one IRA and invest in this.  If you want to get fancy, have two accounts. For example, have one annuity and one 401(k) or have two 401(k) accounts, one for each spouse. If you are older, it is not uncommon to have more than one long term savings plan.  However, a multiplicity of whole life policies, stocks, savings bonds, mutual funds and 401(k) accounts will not help to drive your financial goals forward.  In fact, many accounts drive most folks crazy.  Avoid multiple fees, multiple financial institutions, more than one financial adviser and tons of “stuff” to look after. Then, save it and forget about it. Have the money taken out of your pay check, each and every pay period, and you’ll never miss it.  Out of sight, out of mind.  This really works!

Tip:  If you can’t save 10%, start with a minimum like 4%.  Increase this figure every year until you reach the goal of 10%.  Ask your tax accountant and financial adviser to help you plan a strategy that is realistic and works best for you.

HAVE ONE CHECKING ACCOUNT AND ONE SAVINGS ACCOUNT

Two or more bank accounts do not help clear the mind nor do they add value to your life. Two checking and savings accounts require extra passwords, extra time, extra books, extra statements, extra checks and other not so valuable things, like bank fees and charges. Get rid of all checking and savings accounts but one, unless you own a business. If you own a business have two, one for your business and one for your personal finances.

Also consider having only one savings account and using it. A savings account is an important tool, useful for short term goals, like car repairs and/or down payments, kid’s activities like summer camp, gifts and summer vacations. A good rule of thumb is to save 5% to 10% of your gross income each month for short term goals. That means, if you earn $2,000 per month, you should be stashing away at least $100 to $200 per month into short term savings.

Joint Account Tip: Sometimes it’s a good idea to have designated “jobs” when working together with joint accounts.  Find a simple plan and strategy for you, as a couple, and follow that.  Be honest with each other and communicate about everything important. If you can’t work together, seek counseling, a trusted priest, pastor or neutral party to help you correct underlying breakdowns, fears and anxieties.

Savings Tip:  Saving the equivalent of at least one car payment each month just for transportation is a great rule to follow, whether or not you actually have a car payment. If you aren’t saving anywhere from $100 to $400 per month, simply for transportation, then a $50 bus or mass transit pass may be the better option. For most folks, driving to work is far more important than an expensive mobile phone plan or eating out over and over again.

LIMIT CREDIT CARDS TO ONLY THREE

Get rid of all credit cards and revolving credit accounts but three. Why three? Most people remember and retain information very well in increments of three. Any more than three points, topics or tasks and the waters get muddy.  As a bankruptcy attorney I’ve seen a lot of things.  Having tons of credit cards seems to be a thing these days.  The point here is to not get hung up on the numbers of cards you have, but to shed unnecessary high interest cards and revolving accounts that charge unwanted fees. Caring for balances and payment dates is easy, when there are only three. No is a very empowering word.  Set a goal and use the word no to your advantage. When it comes to credit cards, less is best.

Tip: Don’t close credit card accounts in the days, weeks or months before making big purchases, like a home or a vehicle.  Closing credit card accounts can actually lower your credit scores for a time. Keep this in mind. After you’ve made that big purchase, then you can begin to close small revolving accounts you don’t need and ones with annual fees and things that do not add value to your financial well-being and peace of mind.

Another tip: Coordinate your credit card payments with your pay period.  This makes paying your cards, on time, every time, easier. Then, every pay period, when checking on your bank balance and direct deposit, pay your credit card bills (all at the same time). Having multiple due dates on many credit cards is nothing less than stressful and confusing. Ask your lender how to do this.

As we can see, there are a few financial “things” almost everyone needs to get by in life and plan a successful future. Too many and life gets complicated. Jen, Ray and Mary are great examples of this.

Jen and Ray are a couple who decided to take the minimalist approach and de-clutter their finances.  They gave themselves clear goals to de-clutter their finances, with broken-down steps on how they wanted to attain them.  Most importantly, they wrote down why they wanted to live more minimally and posted their goals on a calendar.  Over the course of just one year, they reduced their credit cards from ten to four. They eliminated six checking accounts to two. They also started a joint savings account and began to save money into Ray’s 401(k). They have saved over $300 in typical,  albeit unintentional, yearly overdraft fees and bank charges. Even better, Jen and Ray communicate much better and have far less stress and anxiety.

Mary, in taking her first steps toward getting rid of clutter, wrote down the fact that she didn’t need hundreds or useless items and financial tools to be happy, unique and to feel secure.  Part of Mary’s plan was to get rid credit cards and spend less.  She eliminated her JC Penny, WallMart and TJMaxx cards and decided to keep her cash-back Discover card and a lower interest Citi Bank card with no annual fee.  Mary also decided to have only one checking and one savings. Then, she started to save 10% of her income for a newer car purchase over the next year.  In less than eight months, Mary has saved over $100 in extra bank fees and interest charges and tucked away over $1,000 in her savings account. Mary doesn’t go out to eat very often anymore, but that’s OK.  She likes to cook.  For Mary, creating nice things, like meals, helps her to be a better person, all around.

You’ve heard it before, “everything you do and have in life (material things, relationships etc.) either adds value to your life or drags you down.” (author unknown) There is no third option. Things that add value to your life are things that make you happy, lead you to become more creative, healthier, wiser, and more energetic, develop your talents and so on. The same holds true for your finances.

Please feel free to comment, below.  We are open to your tips and ideas for getting rid of financial clutter and eliminating stress.

The Law Offices of Ginger B. Kelly is now accepting appointments to see clients in the Sturbridge, Southbridge, Dudley, Webster, Oxford, Sutton, Charlton, Auburn, Worcester, Framingham, Shrewsbury, Spencer, Brookfield, West Brookfield, Warren, Putnam, all of the Worcester County, parts of Hampden County and Northern Rhode Island.  We can explore whether or not bankruptcy is the easy way out in a comfortable, private place to talk.  We will have a fresh pot of coffee waiting for you.

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ABOUT ME: Attorney Kelly is an attorney in good standing, licensed to practice in both the Federal District and State Courts of Massachusetts and Rhode Island. Her law practice is focused on consumer debt, finance, bankruptcy and District Court matters. Attorney Kelly is experienced in both criminal and civil trial work. On a personal note, Attorney Kelly enjoys writing, gardening, conservation and agriculture.

To find out more, visit, http://www.attorneykelly.com or call us at (508) 784-1444.

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NOTICE: This is an Advertisement. This post is not legal advice. Consult your attorney. Attorney Kelly does NOT provide legal advice to anyone via social media or anywhere over the Internet. Any and all electronic posts and writings, by Attorney Kelly, does NOT establish any type of attorney-client relationship, whatsoever, neither perceived, actual, material, implied or other. We cannot stress enough, if you need personal legal advice, always see your attorney. Do not rely upon Attorney Kelly’s posts, writings or any Internet information on websites or social media for your own personal legal advice. Seek legal advice and representation from your own personal attorney.

Copyright © 2018 by Ginger B. Kelly, Esq., all rights reserved.

When will the Massachusetts Ballot Questions become law?

ballot-questions

Now we know the election results in Massachusetts.  We had a few ballot questions, four to be exact.  Ballot questions are not laws that deal with taxes, but they are real issues that deal with policy. Ballot questions are policy issues that affect the quality of life in Massachusetts.

To understand a bit about ballot question law in Massachusetts, and when these questions may or may not become law, it is important to understand a little about the ballot question drafting process.

Each ballot question, also called an “indirect initiated state statute question“, is essentially a proposal regarding some sort of Massachusetts policy, made by concerned citizens.  Law-makers of either the Senate or the House of Representatives or both do not draft these types of laws.  Concerned citizens draft the proposed laws.

Concerned citizens take information on the topics that are important to them and draft proposals on the law.  The drafts may be redrafted a few times until the final draft comes out in the form of a ballot question.  The ballot question proposals must have petition signatures.  Then, the Massachusetts state legislatures, the Massachusetts State Attorney General and the Supreme Judicial Court (SJC) all play a roll in the approval process.  In the final step, the ballot question proposals or petitions finally become approved as Massachusetts state ballot questions.  If approved, the Massachusetts ballot question will become law.  Learn more about this process, here.

If approved, the dates the laws will take effect are drafted into the law itself.  The way the law was written or drafted, is the way the law will be interpreted.  The dates these laws will take effect or become actual enforceable state law, are included in the draft petitions.  In other words, effective dated are always drafted or written directly into the petitions that become final ballot questions.

Below, is the list of Ballot questions Massachusetts citizens voted on November 8th, 2016 and when they will become law.

Question 1 · Allows the state gaming commission to issue an additional slot parlor license.  Massachusetts voted No, by 61%

Since a “No” vote will leave the law as-is, there is no question as to when this law will be enacted.

Question 2 · Allows the Board of Education to approve up to 12 new charter schools or enrollment expansions in current charter schools each year.  Massachusetts voted No, by 62%.

Since a “No” vote will leave the charter school cap as it stands, there is no question as to when this law will be enacted.  There are no changes to the law.

Question 3 · Prohibits selling farm products from animals not raised in spaces that meet a minimum size requirement.  Massachusetts voted Yes, by 78%

Because this law was approved, this law will go into effect on January 1, 2022.

Question 4 · Allows the possession, use, distribution, and cultivation of limited amounts of marijuana by persons age 21 and older.  Massachusetts voted Yes, by 54%.

Because this law has passed, this law will take effect December 15, 2016 and stores could open by early 2018.

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The Law Office of Ginger B. Kelly is now accepting new clients.  Call and schedule your first appointment.  We are a small law office offering your first confidential consultation, absolutely free of charge.

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ABOUT ME:  Attorney Kelly is an attorney in good standing, licensed to practice in both the Federal District and State Courts of Massachusetts and Rhode Island. Her law practice is focused on consumer debt, finance, bankruptcy and District Court matters. Attorney Kelly is experienced in both criminal and civil trial work. On a personal note, Attorney Kelly enjoys writing and other things, like conservation and agriculture.

To find out more, visit, www.attorneykelly.wordpress.com, or call us at (508) 784-1444.

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NOTICE:  Attorney Kelly does NOT provide legal advice to anyone via social media or anywhere over the Internet.  Any and all electronic posts and writings, by Attorney Kelly, does NOT establish any type of attorney-client relationship, whatsoever, neither perceived, actual, material, implied or other.  We can not stress enough, if you need personal legal advice, always see your attorney.  Do not rely upon Attorney Kelly’s posts, writings or any Internet information on websites or social media for your own personal legal advice.  Seek legal advice and representation from your own personal attorney.

Copyright © 2015, 2016 by Ginger B. Kelly, Esq., all rights reserved.

Facebook Posts can Land You in Jail

One does not simply post on Facebook

Posting whatever you want on Facebook might not be a good idea, as in the case of Ebony Dickens of East Point Georgia.

Based on an April 30, 2015 report on CNN, Ebony Dickens, of East Point, Georgia, posted threats to the police under the name, Tiffany Milan, on social media.  According to CNN, she posted this on Facebook, “I thought about shooting every white cop I see in the head until I’m either caught by the police or killed by them. Ha!!!! I think I can pull it off. Might kill at least 15 tomorrow, I’m plotting now.”

Soon after Ms. Dickens posted the threats, she deleted her Tiffany Milan Facebook account.  She erased all her threatening posts.  But that didn’t matter.  Erasing the threats didn’t help.  She already published them to others.  By virtue of her Facebook posts, Ms. Dickens got arrested.  She was arrested not only by the local authorities, but by homeland security.  Apparently, Ms. Dickens “allegedly” violated local law, but State and Federal law.  I say, “allegedly” because Ms. Dickens case is still pending.  Even so, it’s important to look at US free speech law and why, oftentimes, comments made on Facebook aren’t protected speech.

Based on this story, making Facebook posts about shooting the cops using a fake name may not be a good idea. Protected and lawful speech, of any kind, does not involve making true threats, using fighting words to incite violence and cyber-bullying.  Ranting on Facebook, or anywhere, may not always be a good idea, no matter appealing it may seem to be for some.  First Amendment Freedom of Speech law is a not a get-out-of-jail free card for offenses like these.  Freedom of Speech rights do not make one immune from arrest and jail. People can also file civil suits against others for making certain kinds of speech.

Under the First Amendment of the US Constitution, people can get arrested for speech involving obscenity, child pornography, misleading commercial speech, fighting words, cyber bullying and true threats. For example, free speech does not include (for no good reason) yelling “fire” in a crowded theater.  This is a classic example.  People get arrested and end up in jail for telling others, “I’m going to kill you.” Also, making up stories about others is not always harmless. For example, telling someone your friend has “Ebola,” or somethings similar, when in fact they do not, can get a person in a lot of legal trouble.

In the business world, free speech does not include making unsupported claims.  When a commercial producer claims their product “builds strong bodies 12 ways,” or wants to show that their product is healthy, the producer and all the stakeholders better support this sort of claim with strong evidence.  Commercial claims may be unprotected speech, provided there is no proof behind such claims.

Cartoons and political satire, like the Charlie Hebdo cartoon depicting the Islamic prophet Mohammed, is an example of a form of US free speech. Under US law, cartoonists and artists may publish political cartoons and politically charged satire.  This is considered protected free speech. Under the laws of other countries, such cartoonist speech is not always protected. Whether or not political cartoons are always wise or prudent to publish remains controversial. Even so, there is no complete list of US constitutional freedom of speech examples that explain what does or does not constitute freedom of speech.

Concerning freedom of speech and the laws of free speech, each situation and every fact pattern is not the same.  Each person and each legal case is different.  This is why a professional legal analysis of every situation is important. This type of case-by-case basis legal examination is what legal professionals call, “fact-intensive” legal analysis.  Fact intensive legal analysis is what lawyers and judges are trained to do.  This is why it’s always important to consult your lawyer and be sure to ask them any legal questions regarding freedom of speech guarantees, the US Constitution or any law, before you act or draw conclusions about legal matters.

Under First Amendment free speech, free speech does not include true threats.  However, treats made in humor or funny stories, like exaggerated statements or claims not meant to be taken literally, tends to be protected speech in certain circumstances.  For example, Saturday Night Live, (“SNL”), a comedy show shown on TV on Saturday night, has made sketches mocking the blind and making racist jokes about people who go to Starbucks, (things like this).  SNL made a fake video defaming Thailand. These were shocking and offensive to a lot of folks. SNL poked fun at real people. Comedians verbalized threats and violence.

Humor performed by professional comedians or published by professional cartoonists is considered protected speech. Jokes, cartoons, sketches and speech, shared by professional comedians and artists is part of what they do for good reasons. Professional comedians, cartoonists, artists and the like, create artistic and scientific works that benefit the public.  Often, artistic work involves sarcastic comedy, political satire, parody and shocking artistic work that may involve certain forms of pornography. Legality of the free speech and the intent of that speech (which is one of many legal elements that must be shown) is quite often determined by the virtue of one’s profession.

The intent of an artist, by virtue of the artistic profession, is to add artistic value to most people and the general public, whether or not this is shocking to a few individuals.  The intent of a comedian, by virtue of the comedic profession, is to entertain and invoke thought, discussion and to inject humor or satire into a skit or cartoon, not to cause specific harm to others.  Many times, these forms of free speech are political in nature.  Political figures and political issues are permissible targets of free speech.  Not everyone or everything fits into this category. Every case is different.

Even on occasion, even comedians and artists get into legal trouble.  For example, if an artist took an artistic work too far and people filed legal cases against them, this is perfectly legal if the claim is not frivolous.  The Court will determine a frivolous case and have it dismissed, when necessary.  Every case must be examined by the facts and the nature of the speech published, be it in writing, on any form of medium or orally (by word of mouth).  Every case must look at the platform of delivery, the person publishing the speech and, in some cases, who the speech was intended for or the intended message and audience.

As you may have guessed, there is a lot look at when it comes to Free Speech rights and Constitutional laws regarding freedom of speech.  Examples are only a snapshot.  I can only give you a general snapshot of this topic.  But remember, US First Amendment free speech is never a get-out-of-jail-free ticket that gives a person unconditional immunity from arrest, jail or a civil lawsuit.  The story of Ebony Dickens is a perfect example.  Posting threats to the cops on Facebook or anywhere, is one reason why quite often posting things on Facebook can land a person in court or worse, jail.

by Ginger B. Kelly, Esq., May 19, 2015

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ABOUT ME:  Attorney Kelly is an attorney in good standing, licensed to practice in both the Federal District and State Courts of Massachusetts and Rhode Island.  Her law practice is focused on consumer finance and bankruptcy.  However, Attorney Kelly is experienced in both criminal and civil trial work.  On a personal note, Attorney Kelly enjoys writing and other things, like conservation and agriculture.  To find out more visit, www.attorneykelly.squarespace.com or http://www.attorneykelly.wordpress.com, or call us at (508) 784-1444.

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NOTICE:  Attorney Kelly does NOT provide legal advice to anyone via social media or anywhere over the Internet.  Any and all electronic posts and writings, by Attorney Kelly, does NOT establish any type of attorney-client relationship, whatsoever, neither perceived, actual, material, implied or other.  We can not stress enough, if you need personal legal advice, always see your attorney.  Do not rely upon Attorney Kelly’s posts, writings or any Internet information on websites or social media for your own personal legal advice.  Seek legal advice and representation from your own personal attorney.

Copyright © 2015 by Ginger B. Kelly, Esq., all rights reserved.

To be or not to be? The death penalty question.

death-penalty1

Photo credit to Stephenhicks.org

In wake of the Dzhokihar Tsarnaev jury verdict, the trend around social media is whether or not the death penalty should be abolished in the United States. No one is immune from the stories, the questions, the buzz, especially in Massachusetts.

Is the death penalty constitutional?  Does the death penalty deter crime?  Is the death penalty fair and just?  Is the use of the death penalty for sentencing, in all or some circumstances, considered cruel and unusual punishment under the Eighth Amendment of the United States Constitution and the Laws of the States?  What about people with mental incapacitates and serious IQ issues?  Should they die too?  Does race or economic status play a role? What about botched lethal injections and firing squad issues?  Then there’s the trendy “did you knows.”

Did you know that thirty two (32) US states plus the Military and the Federal government still have the death penalty?  Did you know that in 2013, the average murder rate of death penalty states was 4.4, while the average murder rate for states without the death penalty was only 3.4?  Did you know that since 1973, over 140 people on death row in the US have been found innocent and exonerated from their crimes?  It’s a lot to think about.

Because it is a lot to read, a lot to think about and Massachusetts inquiring minds can’t wait to know, below is a relatively brief state-by-state compilation (the low-down) of a few interesting facts on death penalty, lethal injections and so on.  Most of the information gathered is strictly online news and op-ed articles, so don’t rely upon it for anything substantial like a doctoral dissertation or expert opinion. The Death Penalty Information Center is a very good resourse for most Death Penalty facts.  Please keep in mind, this information has not been verified or fact-checked or cite-checked (see disclaimer, below).

The best way to absorb all this information is to look at it from top to bottom.  Just skim, don’t read it all.  You can then go back to look at the facts for the state or topic you like.  If you like, check out a trend that’s interesting and and compare, like murder rate.  If you want to learn more, come back.  Read an article or two later.  It’s a lot to absorb in one fell swoop.

“To be or not to be” is the real death penalty question.  Decide for yourself and take away a few cocktail party or BBQ cook-out talking points.

Please feel free to comment or question.  There is so much to talk about.

*Note: The Murder rates, below, are per 10,000 people in 2013.

Alaska – Murder rate* – 4.6; [No Death Penalty; Number of Executions Since 1976 – 0]

Alabama – Murder rate* – 7.2; Current death row population: 198 (5 are women); Method: Choice of injection or electrocution; Death Penalty Crimes: Intentional murder with 18 aggravating factors (Ala. Stat. Ann. 13A-5-40(a)(1)-(18))

Arkansas – Murder rate* – 5.4; Death row population: 34 (0 are women); Method: Injection or choice of Injection or electrocution for crimes after 1983; Death Penalty Crimes: Capital murder (Ark. Code Ann. 5-10-101) with a finding of at least 1 of 10 aggravating circumstances; treason.

Arizona – Murder rate* – 5.4; Death row population: 124 (3 are women); Method: Injection / Choice of Gas Chamber if sentenced before 11/92; Death Penalty Crimes: First-degree murder, including premeditated murder and felony murder, accompanied by at least 1 of 14 aggravating factors (A.R.S. § 13-703(F)).

California – Murder rate* – 5.4; Death row population: 743 (19 are women); Method: Injection / Choice of Gas Chamber; Death Penalty Crimes: First-degree murder with special circumstances; sabotage; train wrecking causing death; treason; perjury causing execution of an innocent person; fatal assault by a prisoner serving a life sentence. Trending: California’s stay of executions requiring lethal injections resulting in overcapacity of death row prison, according to a March 30, 2015 LA Times news article.  

Colorado – Murder rate* – 3.4; Death row population: 3 (0 are women); Method: Injection; Death Penalty Crimes:First-degree murder with at least 1 of 17 aggravating factors; first-degree kidnapping resulting in death; treason.  Trending: CBS News: Colorado has no moratorium on the death penalty as the jury deliberates on the verdict of Colorado movie theater shooter, James Holmes.   In an April 17, 2015 poll by WBUR, the death penalty is becoming increasingly unpopular.

Connecticut – Murder rate* – 2.4; [Abolished the death penalty in 2012]

District of Columbia – Murder rate* – 15.9; [Number of Executions Since 1976 – 0]

Delaware – Murder rate* – 4.2; Death row population: 17 (0 are women); Method: Injection or choice of injection of hanging for offenses prior to 6/13/86; Death Penalty Crimes: First-degree murder (11 Del. C. § 636) with at least 1 statutory aggravating circumstance (11 Del. C. § 4209). Trending: April 1, 2015, Delaware Online states, the Delaware ex-prison warden says the Delaware death penalty creates an immeasurable burden on the prison system and doesn’t make the guards any safer.

Florida – Murder rate* – 5; Death row population: 403 (4 are women); Method: Choice of Injection or Gas Chamber; Death Penalty Crimes: First-degree murder; felony murder; capital drug trafficking; capital sexual battery. Trending: The US Supreme Court has granted cert to consider the constitutionality of Florida’s sentencing scheme for capital cases and the use of the death penalty for mentally disabled criminals. Unlike Ohio and Oklahoma, no stay of executions has been granted in Florida as of March 9, 2015, according to a US News March 9, 2015 article.

Georgia – Murder rate* – 5.6; Death row population: 87 (1 are women); Method: Injection; Death Penalty Crimes: Murder with aggravating circumstances; kidnapping with bodily injury or ransom when the victim dies; aircraft hijacking; treason. As of March, 2015, the Georgia Department of Corrections announced a moratorium on executions due to the difficulty in acquiring lethal injection drugs.

Hawaii – Murder rate* – 1.5; [Number of Executions Since 1976 – 0]

Idaho – Murder rate* – 1.7; Death row population: 11 (1 are women); Method: Injection; Death Penalty Crimes: First-degree murder with aggravating factors; first-degree kidnapping; perjury resulting in the execution of an innocent person.

Illinois – Murder rate* – 5.5; [Abolished the death penalty in 2011]

Iowa – Murder rate* – 1.4; [Number of Executions Since 1976 – 0]

Indiana – Murder rate* – 5.4; Death row population: 14 (1 are women); Method: Injection; Death Penalty Crimes: Murder with 16 aggravating circumstances (IC 35-50-2-9).

Kansas – Murder rate* – 3.9; Death row population: 10 (0 are women); Method: Injection; Death Penalty Crimes: Capital murder with 8 aggravating circumstances (KSA 21-3439, KSA 21-4625, KSA 21-4636). Trending: According to ScotUS, a stay of current executions in Kansas due to the Monday, March 30, 2015 U.S. Supreme Court decision to grant review of three Kansas death penalty cases based on the constitutionality of the death penalty imposed for the mentally disabled.

Kentucky – Murder rate* – 3.8; Death row population: 35 (1 are women); Method: Injection for those sentenced on or after 3/31/98, Injection or Electrocution for those sentenced prior; Death Penalty Crimes: Capital murder with the presence of at least one statutory aggravating circumstance; capital kidnapping (KRS 532.025).

Louisiana – Murder rate* – 10.8; Death row population: 85 (2 are women); Method: Injection; Death Penalty Crimes: First-degree murder; treason (La. R.S. 14:30 and 14:113). Trending: March 30, 2015 NYT article reported, the US Supreme Court heard oral argument in a Louisiana case that presented questions on the role of the federal courts in determining whether a state prisoner who faces the death penalty has intellectual disability. In March, 2015, three Prosecutors in Louisiana, responsible for 75% of Louisiana’s death sentences, facing prosecutorial misconduct charges, according to the New Orleans Advocate.

Maryland – Murder rate* – 6.4; [Abolished the death penalty in 2013]

Massachusetts – Murder rate* – 2; [Number of Executions Since 1976 – 0]

Maine – Murder rate – 1.8*; [Number of Executions Since 1976 – 0]

Michigan – Murder rate – 6.4*; [Number of Executions Since 1976 – 0]

Minnesota – Murder rate – 2.1*; [Number of Executions Since 1976 – 0]

Mississippi – Murder rate – 6.5*; Death row population: 48 (2 are women); Method: Injection; Death Penalty Crimes: Capital murder (Miss. Code Ann. § 97-3-19(2)); aircraft piracy (Miss. Code Ann. § 97-25-55(1)).

Missouri – Murder rate – 6.1*; Death row population: 35 (0 are women); Method: Choice of Injection or Gas; Death Penalty Crimes: First-degree murder (565.020 RSMO 2000).

Montana – Murder rate – 2.2*; Death row population: 2 (0 are women); Method: Injection; Death Penalty Crimes:Capital murder with 1 of 9 aggravating circumstances (Mont. Code Ann. § 46-18-303); aggravated kidnapping; felony murder; aggravated sexual intercourse without consent (Mont. Code Ann. § 45-5-503).

Nebraska – Murder rate – 3.1*; Death row population: 11 (0 are women); Method: Injection; Death Penalty Crimes: First-degree murder with a finding of at least 1 statutorily-defined aggravating circumstance.

Nevada – Murder rate – 5.8*; Death row population: 77 (0 are women); Method: Injection; Death Penalty Crimes: First-degree murder with at least 1 of 15 aggravating circumstances (NRS 200.030, 200.033, 200.035).

New Hampshire – Murder rate – 1.7*; Death row population: 1 (0 are women); Method: Injection or hanging if injection is not possible; Death Penalty Crimes: Murder committed in the course of rape, kidnapping, drug crimes, or burglary; killing of a police officer, judge or prosecutor; murder for hire; murder by an inmate while serving a sentence of life without parole (RSA 630:1, RSA 630:5).

New Jersey – Murder rate – 4.5*; [Number of Executions Since 1976 – 0]

Nevada – Murder rate – 5.8*; Death row population: 77 (0 are women); Method: Injection; Death Penalty Crimes: More research is required.

New Mexico – Murder rate – 6*; [abolished the death penalty in 2009]

New York* – Murder rate – 3.3*; [New York abolished the death penalty in 2007]

North Carolina – Murder rate – 4.8*; Death row population: 158 (4 are women); Method: Injection; Death Penalty Crimes: First-degree murder (NCGS §14-17) with the finding of at least 1 of 11 statutory aggravating circumstances (NCGS §15A-2000).

North Dakota – Murder rate – 2.2*; [Number of Executions Since 1976 – 0]

Ohio – Murder rate – 3.9*; Death row population: 145 (1 are women); Method: Injection, 1-drug protocol; Death Penalty Crimes: Aggravated murder with at least 1 of 10 aggravating circumstances (O.R.C. secs. 2903.01, 2929.02, and 2929.04). Trending: April 8, 2015, Cleveland.com mentioned changes to Ohio’s lethal injection protocol are being considered in the wake of the botched execution of Dennis McGuire which resulted in the postponement (stay) of all executions in Ohio until 2016.

Oklahoma – Murder rate – 5.1*; Death row population: 49 (1 are women); Method: Injection or electrocution/firing squad of injection is unconstitutional; Death Penalty Crimes: First-degree murder in conjunction with a finding of at least 1 of 8 statutorily-defined aggravating circumstances.  Trending:  According to a Fredericksburg.com editorial article, As of March, 2015, a moratorium on executions in Oklahoma still exists in wake of the US Supreme Court deliberations on whether or a failed Oklahoma execution was constitutional based on cruel and unusual punishment.

Oregon – Murder rate – 2*; Death row population: 36 (1 are women); Method: Injection; Death Penalty Crimes: Aggravated murder (ORS 163.095).

Pennsylvania – Murder rate – 4.7*; Death row population: 188 (4 are women); Method: Injection; Death Penalty Crimes: First-degree murder with 18 aggravating circumstances. Trending: Recent poll by York College of Pennsylvania shows 54% not in favor of death penalty.  Death Penalty Moratorium in place by executive order in February, 2015.

Rhode Island – Murder rate – 2.9*; [Number of Executions Since 1976 – 0]

South Carolina – Murder rate – 6.2*; Death row population: 45 (0 are women); Method: Choice of injection or electrocution; Death Penalty Crimes: Murder with 1 of 12 aggravating circumstances (§ 16-3-20(C)(a)) Trending:  According to a recent Post and Courier news articleSouth Carolina faces a moratorium on executions due to the difficulty obtaining lethal injection drugs.

South Dakota – Murder rate – 2.4*; Death row population: 3 (0 are women); Method: Injection; Death Penalty Crimes: First-degree murder with 1 of 10 aggravating circumstances. Trending: In a February, 2015 Argus Leader news-article, South Dakota state senator discusses sponsoring a Bill to abolish the death penalty.

Tennessee – Murder rate – 5*; Death row population: 73 (1 are women); Method: Injection for crimes after December 31, 1998, electrocution may be selected for crimes prior; Death Penalty Crimes: First-degree murder (Tenn. Code Ann. § 39-13-202) with 1 of 16 aggravating circumstances (Tenn. Code Ann. § 39-13-204).  Trending: April 10, 2015, the Tennessean reported that the Tennessee Supreme Court stayed all executions to review challenges to the constitutionality of the 1-drug injection protocol.

Texas – Murder rate – 4.3*; Death row population: 276 (10 are women); Method: Injection; Death Penalty Crimes: Criminal homicide with 1 of 9 aggravating circumstances (Tex. Penal Code § 19.03). Trending: According to the Texas TribuneExecutions in Texas jeopardized if disclosure of lethal injection drug suppliers is to be required, according to the Texas Tribune, April 15, 2015. Also, according to an April 2015 USA Today article a Texas lawyer, Maurie Levin, states  “Even though Texas has managed to continue to carry out executions, it’s a mistake to think it’s business as usual.”

Utah – Murder rate – 1.7*; Death row population: 9 (0 are women); Method: Injection or firing squad if injection is unconstitutional and for inmates who chose firing squad prior to 5/3/2004; Death Penalty Crimes: Aggravated murder (76-5-202, Utah Code Annotated).

Vermont – Murder rate – 1.6*; [Number of Executions Since 1976 – 0]

Virginia – Murder rate – 3.8*; Death row population: 8 (0 are women); Method: Choice of injection or electrocution; Death Penalty Crimes: First-degree murder with 1 of 15 aggravating circumstances (VA Code § 18.2-31). Trending: April 8, 2015, in a Roanoke News article, after the exoneration of Earl Washington, Mark Early, former Virginia attorney general stated, “I no longer have such faith in the government and, therefore, cannot and do not support the death penalty.” No executions are currently scheduled in Virginia as of March, 2015. according to Fredericksburg.com OpEd.

Washington – Murder rate – 2.3*; Death row population: 9 (0 are women); Method: Choice of injection or hanging; Death Penalty Crimes: Aggravated first-degree murder.

Wisconsin – Murder rate – 2.8*; [Number of Executions Since 1976 – 0]

Wyoming – Murder rate – 2.9*; Death row population: 1 (0 are women); Method: Injection  or gas if injection is found unconstitutional; Death Penalty Crimes: First-degree murder; murder during the commission of sexual assault, sexual abuse of a minor, arson, robbery, burglary, escape, resisting arrest, kidnapping, or abuse of a minor under 16. (W.S.A. § 6-2-101(a))

US Military – Murder rate – 4.4*; Death row population: 62 (2 are women); Method: method of state where sentence imposed; Death Penalty Crimes: The U.S. military has its own laws and court system separate from those of the states and the federal government. Trending: According to a June 18, 2012 New Tribune news article, Capital punishment for military crimes is rare, the last military execution took place in 1961 (which gives rise to the question as to the legality and logic of retaining 62 prisoners on death row if there have been no executions in over 50 years).

US Federal Govt. – Murder rate – 0*; Death row population: 6 (0 are women) [Update: As of May 15, 2015, due to the Dzhokhar Tsarnaev sentencing determination, the death row population is now 7] ; Method: Injection; Death Penalty Crimes: Further research required. Trending: Attorney General Eric Holder is seeking the death penalty in the matter of Dzhokhar Tsarnaev,  “Boston Marathon bomber” which may be applied to 17 of 30 counts with which Tsarnaev was found guilty on April 8, 2015, according to a recent Time article published April 25, 2015 and Issues have been raised as to the effect of jury decision and impartiality in the Tsarnaev trial, according a recent New Yorker article.

Below, are a few more interesting articles regarding the death penalty and the Tsarnaev trial…

See, Vanity Fair March 2015 news article discussion regarding the lawyer defending Dzhokhar Tsarnaev, Judy Clarke, cruel and unusual punishment and the death penalty in this Federal trial.

See, January 7, 2014 Boston Bar Biz News article regarding the Boston Bar Association’s stand against the death penalty.

See, The Pew Research Center, regarding a wealth of valuable information regarding the death penalty.

**Important Update:  May 15, 2015, as reported in the New York Times, Dzhokar Tsarnaev was given the Death Penalty sentence in the Boston Marathon Bombing Trial.

Enjoy!

ABOUT ME:  Attorney Kelly is an attorney in good standing, licensed to practice in both the Federal District and State Courts of Massachusetts and Rhode Island.  Her law practice is focused on consumer finance and bankruptcy.  However, Attorney Kelly is experienced in both criminal and civil trial work.  On a personal note, Attorney Kelly enjoys writing and other things, like conservation and agriculture.  To find out more visit,www.attorneykelly.squarespace.comhttp://www.attorneykelly.wordpress.com, or call us at (508) 784-1444.

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Copyright © 2015 by Ginger B. Kelly, Esq., all rights reserved.