ANALYSIS OF THE PROCEDURAL AND SENTENCING PROVISIONS OF THE NEW JERSEY PENAL CODE AND A REVIEW OF THE MAJOR SUBSTANTIVE OFFENSES

• NCJ Number: 62037
• Journal: Criminal Justice Quarterly Volume: 6 Issue: 4 Dated: (WINTER 1978) Pages: 124-170
• Author(s): ANON
• Date Published: 1978
• Length: 47 pages
• Corporate Author: New Jersey Division of Criminal Justice
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: ARTICLE DERIVED FROM A MANUAL PREPARED BY THE APPELLATE SECTION OF THE NEW JERSEY DIVISION OF CRIMINAL JUSTICE FOR IMPLEMENTATION OF THE NEW JERSEY CODE OF CRIMINAL JUSTICE

Annotation

SUBTITLES ONE, TWO, AND THREE OF NEW JERSEY'S PENAL CODE ARE PRESENTED AND ANALYZED ON A SECTION BY SECTION BASIS; THE NEW PENAL CODE BECAME EFFECTIVE IN 1979 AND REPEALED ALL PRIOR CRIMINAL LAWS.

Abstract

A COMPREHENSIVE SCHEME EMBODYING NEW SUBSTANTIVE AND PROCEDURAL REQUIREMENTS IS ESTABLISHED. CRIMES HAVE BEEN COMPLETELY REDEFINED AND GENERAL PRINCIPLES OF LIABILITY AND JUSTIFICATION CODIFIED. SUBTITLE ONE EMBODIES FIVE CHAPTERS AND FOCUSES ON PRINCIPLES OF CONSTRUCTION, OFFENSE CLASSIFICATION, ABOLITION OF COMMON LAW CRIMES, TIME LIMITATIONS, PROCEDURAL BARS, AND PRINCIPLES OF LIABILITY. ADDITIONAL POINTS INCLUDE CULPABILITY, CAUSATION, SELF-DEFENSE, MENTAL DISEASE, AGE PREREQUISITES, AND INCHOATE CRIMES, SUBTITLE TWO DEFINES AND CATEGORIZES THE SPECIFIC OFFENSES. OFFENSES AGAINST PERSONS (CRIMINAL HOMICIDE, ASSAULT, AND KIDNAPPING), OFFENSES AGAINST PROPERTY (ARSON, BURGLARY, AND THEFT) AND FAMILY AND PUBLIC ORDER OFFENSES ARE INCLUDED. SUBTITLE THREE COVERS SENTENCING PROVISIONS AND DISPOSITIONS FOR EACH OFFENSE, COURT AUTHORITY IN IMPOSING SENTENCE, DISPOSITIONAL ALTERNATIVES, AND LICENSING PROVISIONS. THE PENAL CODE PROVIDES FOR DETERMINATE SENTENCES WITH GENERAL PRESUMPTIONS AND PROVISIONS AND SPECIFIES MINIMUM AND MAXIMUM LIMITS FOR JUDICIAL DISCRETION. THE CODE ALSO CREATES A SENTENCING COMMISSION TO ESTABLISH JUDICIAL SENTENCING GUIDELINES. CUMULATIVE TITLE, SUBJECT, AND AUTHOR INDEXES ARE INCLUDED. (LWM)