Juvenile Sentence Review Hearings (Part 2)

by | Mar 24, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The Appellate Division continued in relevant part: However, there is no evidence in the record to support the Board’s contention that Thomas’s lack of memory is less than genuine and, apart from the issue of recollection, the record is replete with evidence supporting his acknowledgement of responsibility of his crimes as sincere and legitimate. Psychological evaluations as far back as 1991 consistently report that Thomas accepted responsibility for his crimes even while claiming he was under the influence of drugs and alcohol and “lacked control over his actions.” Additionally, Thomas’s parole hearing testimony makes clear that Thomas accepts full responsibility for his crimes and possesses insight into his motivations for committing such horrific violent acts, namely that he was an angry, bullied, drug-addicted youth who resorted to violence to solve his problems. And now, as a fifty-year-old man who has attended programs and therapy for over thirty years, he is a different person who maintains control over his actions.

Moreover, although the Board noted, as mitigating factors, Thomas’s participation in programs and counseling, his vocational certifications, and his infraction-free status maintained throughout Thomas’s entire prison stay, it failed to address the ten positive psychological evaluations performed on Thomas between 1991 and 2003, all of which consistently reported that Thomas had “good insight” and maintained good impulse control and judgment. We conclude that the record here does not support the conclusion that recidivism is likely.

Our criticisms of the parole process are confined to the distinctive setting of this case involving “heightened review” of the constitutionality of an extremely lengthy incarceration of a juvenile offender who has been a model prisoner. Our holding should not be construed as a generalized finding that the parole process is procedurally deficient or unfair.

The last paragraph was likely included to avoid encouraging litigation that challenges the overall parole process. Inmates denied parole are highly motivated to pursue any avenue that might shorten their prison stay. Our appellate courts are already back-logged to unprecedented levels.

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
I highly recommend attorney Fred Sisto. As an attorney myself, I have the highest confidence in his knowledge and determination to protect and defend the rights of his clients. On top of that, his responsiveness and customer service are second to none. If you find yourself needing an attorney, trust me, YOU WANT THIS GUY IN YOUR CORNER!!
Chris O
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto is very knowledgeable in the specific area of which he practices. I was beyond thankful for the end results of which could not have been achieved without Mr. Sisto's intervention.
Shawn H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was great and very reasonable. He was extremely easy to get ahold of or very quick to return my calls. I was able to get my charge dropped altogether. I highly recommend Fred!
Jasmine C
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very fortunate to find Attorney Fred Sisto for my legal case in Ocean County, NJ. He was thoroughly versed in the law and kept me informed at all times. When it came time for my court date, he showed up early and clearly advised me of all possible options. I could not be happier with the outcome Fred was able to negotiate for me. I highly recommend him!
Kelly L
Google star 1Google star 2Google star 3Google star 4Google star 5
I had the pleasure of dealing with Mr Sisto personally from beginning to end. He was very Professional, very clear with his communication and acted quickly to find a solution to my particular issue. I HIGHLY recommend Frederick P Sisto to any and all who need an amazing and hard working attorney...
Eddie B
Google star 1Google star 2Google star 3Google star 4Google star 5
Known this man many years extremely professional with everything he does truthfully one of the very best out there
Lukas A
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very pleased with my representation by Fred Sisto. He is very honest and explained everything to me in detail. I would recommend him to anybody who is seeking legal representation..
Jeff M
Google star 1Google star 2Google star 3Google star 4Google star 5
Great guy got me out of a lot of legal trouble highly recommended.
Frank S
Google star 1Google star 2Google star 3Google star 4Google star 5
Current Pre law students and I had a question pertaining to a certain scenario in class. He responded back and gave me a case that broke down exactly what I asked for.
Chad T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a fantastic attorney who is very informative, knows the system well, and is very thorough.
Bob V