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 […]
Removal From Sex Offender Registry: Part 2
J.B. pled guilty to second-degree sexual assault and was sentenced in March 1995. Following his release from custody, J.B. initially complied with the Registration Law. In 2006, however, J.B. failed to register and moved from his current address without notifying authorities. In August 2007, J.B. pled guilty to fourth-degree failure to notify law enforcement agencies […]
Removal From Sex Offender Registry: Part 1
On January February 7, 2017, the New Jersey Supreme Court issued a per curiam opinion In the Matter of Registrant A.D., J.B., and C.M. The Court adopted the opinion of the lower Appellate Court and held that the commission of any criminal offense, not just sex offenses, bars a defendant from being removed from the […]
Understanding Child Seat Belt Laws
It is obviously important to the safety of our children to understand New Jersey’s laws regarding children and seat belts. Understanding the law is also important to protect the rights of the driver to protect their rights to be free from unreasonable motor vehicle stops by the police. New Jersey’s Department of Law and Public […]
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