The Court continued: With those fundamental principles in mind, we conclude that N.J.S.A. 2C:7-2(g) violates the substantive due process rights of juvenile sex offenders. We first acknowledge that since the passage of N.J.S.A. 2C:7-29(g) in 2002, scientific and sociological studies have shined new light on adolescent brain development and on the recidivism rates of juvenile […]
Constitutionality of Lifetime Parole Supervision for Juvenile Sex Offenders (Part 1)
On April 24, 2018, the New Jersey Supreme Court decided the Bergen County case of State in the Interest of C.K. The principle issue was whether the Megan’s Law lifetime parole supervision requirements are unconstitutional as applied to juvenile sex offenders. In writing for a unanimous Court, Justice Albin held in relevant part: We now […]
Juvenile Life Sentences: Part 4
The 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, […]
Juvenile Life Sentences: Part 3
The New Jersey Supreme Court continued: None of the traditional goals of sentencing: retribution, deterrence, incapacitation, and rehabilitation justify life without parole for a juvenile. The opinion omits a traditional goal of sentencing that, for good reason, is mentioned less and less frequently. That former goal was “retribution” which is just a euphemism for “revenge”, […]
Juvenile Life Sentences: Part 2
The Court continued: Given this holding, both Zuber and Comer are entitled to be resentenced. To stave off possible future constitutional challenges to the current sentencing scheme, the Court asks the Legislature to consider enacting a statute that would provide for later review of juvenile sentences that have lengthy periods of parole ineligibility. As a […]
Juvenile Life Sentences: Part 1
In the cases of State v. Ricky Zuber and State v. James Comer, decided on January 11, 2017, New Jersey Supreme Court Chief Justice Rabner wrote for a unanimous Court. In these appeals, the Court considered whether the United States Supreme Court’s determination in Miller v. Alabama, that youth and its attendant characteristics must be […]
