Juvenile Life Sentences: Part 4

by | Apr 28, 2017 | Blog, Criminal Law, Juvenile Delinquency, Laws Protecting Children, New Jersey

Juvenile Life SentencesThe next issue to arise out of cases like this will likely be “what constitutes a lengthy period of parole ineligibility.” It is surprising that the Chief Justice did not anticipate this issue and set a bright line with a definite number of years.

The Court continued:

Because of the overriding importance of that decision, the Court directs trial judges to exercise a heightened level of care before imposing multiple consecutive sentences on juveniles. Judges must do an individualized assessment of the juvenile about to be sentenced but should not resort to general life-expectancy tables when they determine the overall length of a sentence.

It is likely that judges will still be considering life expectancy tables, but will avoid expressly stating this consideration in their sentencing opinions in order to avoid being reversed on appeal. That makes the consideration similar to the related unspoken consideration of retribution, i.e. revenge.

The New Jersey Supreme Court continued:

We limits our decision to the question raised by these appeals, namely, what should happen when a juvenile facing a very lengthy term of imprisonment is first sentenced. The Court noted, however, that even when judges begin to use the Miller factors at sentencing, a small number of juveniles will receive lengthy sentences with substantial periods of parole ineligibility. Graham left it to the States to explore the means and mechanisms to give defendants some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation. The Court observes that some States have already acted and encourages the New Jersey Legislature to examine this issue to avoid a potential constitutional challenge in the future.

On remand in both cases, the sentencing courts should consider the factors set forth in Miller. The judges should also consider any rehabilitative efforts since defendants’ original sentences.

Zuber’s case was reversed, Comer’s case was affirmed, and both cases are remanded for resentencing consistent with the principles outlined in this opinion.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was excellent and helped my son deal with a issue in PPB, despite being a long distance away. He is very thorough and knows how to navigate the ins and outs of the local legal waters.
Bruces
Google star 1Google star 2Google star 3Google star 4Google star 5
always feel better knowing I don't need to be stopped when I haven't done anything wrong it's a great service and gives me peace of mint
Liesel T
Google star 1Google star 2Google star 3Google star 4Google star 5
Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
Colleen H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fantastic lawyer, I had two charges that were thankfully dropped thanks to Fred. If you're looking for a great lawyer, Fred Sisto is the guy to call. 5 stars. Thank you Fred Sisto.
Dan M
Google star 1Google star 2Google star 3Google star 4Google star 5
I called Mr. Sisto a few weeks back and he returned the call immediately! I asked a few questions and he clearly explained the options for one of my employees. He then followed up with a detailed proposal. He was completely knowledgeable, helpful and insightful. If I ever had to use him I would feel VERY comfortable with his representation.
Dave P
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred sisto was an absolute life saver in my case I would recommend him to anyone in the future if needed.
Nelson C
Google star 1Google star 2Google star 3Google star 4Google star 5
Great that Fred posts DUI for Monmouth County!
David F
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently retained Mr. Fred Sisto to represent my son regarding a very serious legal matter. If not handled correctly these charges could have resulted in bad consequences for my son's future prospects. Mr. Sisto's knowledge of the criminal justice system is evident since he was able to get all charges dropped as well as getting them expunged from his record. If you need a criminal justice attorney who will respond quickly to all your questions and concern,as well as achieve a satisfactory solution to your case I strongly recommend Attorney Fred Sisto.
Joseph M
Google star 1Google star 2Google star 3Google star 4Google star 5
That’s my lawyer he’s the greatest
Donald J
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was incredibly helpful during a very stressful time. Even during a pandemic he was fast at responding to any and all questions or problems that I had. He went above and beyond to make sure that I was happy with my results and that my case was being handled properly all the way through. Highly recommend this office!
Toni V