Juvenile Life Sentences: Part 2

by | Apr 24, 2017 | Blog, Criminal Law, Juvenile Delinquency, Laws Protecting Children, New Jersey

Juvenile Life SentencesThe 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 threshold matter, the Court may consider Comer’s case despite his previous direct appeal and post-conviction motion because a defendant may challenge an illegal sentence at any time. R. 3:21-10(b)(5).  The Eighth Amendment to the United States Constitution provides that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. U.S. Const. amend. VIII. The provision applies to the States through the Fourteenth Amendment. Article I, Paragraph 12 of the New Jersey Constitution also bars cruel and unusual punishments. N.J. Const. art. I, 12. The test for cruel and unusual punishment is generally the same under both the Federal and the State Constitutions.

Note that some states prohibit “cruel or unusual punishment” in their constitutions as opposed to “cruel and unusual punishment”. While this may be due to an oversight by the drafters who intended to otherwise copy the language of the federal eighth amendment, the distinction has been a basis to part ways with the United States Supreme Court’s interpretations.

The New Jersey Supreme Court continued:

In Roper v. Simmons, the United States Supreme Court declared capital punishment unconstitutional for juvenile offenders. The Court noted that a majority of States had rejected imposing the death penalty on juvenile offenders and stressed three general differences between juveniles and adults that, taken together, mean that the irresponsible conduct of juveniles is not as morally reprehensible as that of an adult.

Graham built on that foundation and held that the Eighth Amendment categorically forbids sentences of life without parole for juveniles convicted of non-homicide offenses. The New Jersey Supreme Court considered national sentencing practices, juveniles’ capacity to change, the nature of life-without-parole sentences, and the reality that a 16-year-old and a 75-year old each sentenced to life without parole receive the same punishment in name only.

On the one hand, it is noteworthy that the number of years that an elderly person can expect to serve on a life sentence is far less than what a juvenile can expect to serve. On the other hand, elderly people seem far less likely to commit violent crimes like homicides. Thus, the disparity between an elderly defendant’s life sentence and a juvenile’s becomes much less relevant.

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
Have been very happy to share checkpoint info with friends so they can be safe and sober drivers. Thanks for a great community effort
Ron T
Google star 1Google star 2Google star 3Google star 4Google star 5
Deserved 5 star review. I got all my charges dismissed.
Mraz09222
Google star 1Google star 2Google star 3Google star 4Google star 5
2 👍🏻👍🏻 up
Cc
Google star 1Google star 2Google star 3Google star 4Google star 5
I got my life back together because of this man he is quick,strategic,and will get you threw almost any criminal matter.When things are looking rough legal wise he will fight for you…FRED SISTO THE WAY TO GO!!!
Byron P
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is an outstanding lawyer. As a fellow attorney, I've relied on his expertise in several cases, and have referred clients to him with excellent results.
Wyman
Google star 1Google star 2Google star 3Google star 4Google star 5
Great site Fred. keep up the good work at informing the public of these unlawful check points.
Mark H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a very competent attorney. He is knowledgeable, thorough, effective and possesses outstanding interpersonal skills. He provided excellent representation in my case and obtained a favorable outcome.
Michael G
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
mr. fred sisto esq. was very professional, answered all questions i had, & made my husband & i feel more at ease about our criminal case.
Meridith T
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you Fred for all your hard work and communication through my case. I got into a situation and very fortunate to have had Fred help me resolve it. He gave me great options and advice on how he would handle the situation and the steps we needed to follow. Highly satisfied with my experience and would highly recommend. Thank you Anthony Zappulla
Anthony Z