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, […]

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”, […]

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 […]

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 […]