by Fred Sisto | Apr 28, 2017 | Blog, Criminal Law, Juvenile Delinquency, Laws Protecting Children, New Jersey
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:...
by Fred Sisto | Apr 26, 2017 | Blog, Criminal Law, Juvenile Delinquency, Laws Protecting Children, New Jersey
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...
by Fred Sisto | Apr 24, 2017 | Blog, Criminal Law, Juvenile Delinquency, Laws Protecting Children, New Jersey
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...
by Fred Sisto | Apr 22, 2017 | Blog, Criminal Law, Juvenile Delinquency, Laws Protecting Children, New Jersey
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...
