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ELECTRONIC NEWSLETTER
ISSUE No. 16 |
April 2, 2007 |
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CALENDAR: The next meeting of the Sentencing Commission will held on Tuesday, April 17, 2007, at 10:00 a.m.
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| Commission News |
March 10, 2007
Star Ledger
Editorial: A Better Way For Drug Users
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| New Jersey Sentencing News |
March 22, 2007
Press of Atlantic City
Drug Court Marks Its Second Graduation
March 14, 2007
New Jersey Herald
Newton Rejects Sex Offender Ban
March 13, 2007
Asbury Park Press
Panel Approves Barnes For Parole Board
March 9, 2007
Star Ledger
Inspecting Megan’s Law
March 6, 2007
Star Ledger
Anti-Corruption Bills Advance In Senate
March 2, 2007
Philly.com
Op-Ed: Death Penalty Report Flawed From The Start
March 1, 2007
Baltimore Sun
Op-Ed: Don’t Abolish [NJ’s] Death Penalty, Fix It
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| National Sentencing News |
March 12, 2007
USA Today
Lawmakers Consider Lessening Crack Penalties
March 13, 2007
Miami Herald
Crist Signs Act Targeting Violent Offenders
March 12, 2007
TomPaine.com
Op-Ed: Seeking Justice In The Drug War
March 11, 2007
Los Angeles Times
Op-Ed: The New American Witch Hunt: Demonizing Sex Offenders By Passing Tough, Mindless Laws Rather Than Treating Them Makes Little Sense
March 9, 2007
New York Times
Violent Crime In Cities Shows Sharp Surge
March 9, 2007
Guardian U.K.
Government Drug Policy Does Not Work, Says Report
March 9, 2007
Nashua Telegraph
Bills Would Cut State Prison Population
March 6, 2007
National Law Journal
More Lawmakers Take A Stand Against Death Penalty
March 6, 2007
Casper Star-Tribune
Study of Sentencing Laws on Legislature’s List
March 6, 2007
New York Times
For Sex Offenders, A Dispute Over Therapy’s Benefits
March 5, 2007
New York Times
A Record of Failure At Center For Sex Offenders
March 5, 2007
National Law Journal
Sex Offender Registration & Federal Prosecution
March 1, 2007
Ledger-Enquirer
Drug Court Gets Green Light: Program Would Keep Nonviolent Offenders Out Of Jail
March 1, 2007
USA Today
Study Decries Execution Appeals Process
February 28, 2007
Boston Globe
Op-Ed: The Politics of Drug Sentencing
February 28, 2007
Yahoo!news
Op-Ed: 200 Years For Kiddie Porn
February 27, 2007
Denver Post
Op-Ed: State Needs A Sentencing Commission
February 27, 2007
SFGate.com
Editorial: Prison Realities
February 25, 2007
USA Today
Sex-Offender Residency Laws Get Second Look
February 27, 2007
Baltimore Sun
Mandatory Drug Terms Are Targeted In Report
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| Document Library |
Apprendi & Blakely Issues
Rita, Clairborne, And The Court Of Appeals’ Attachment To The Sentencing Guidelines
Professor Carissa Hessick and Professor F. Andrew Hessick
Drug Policy
Drugs – Facing Facts: The Report Of The RSA Commission On Illegal Drugs
RSA Commission
Maryland’s Mandatory Minimum Drug Sentencing Laws: Their Impact On Incarceration And Communities Of Color
Justice Policy Institute
General Sentencing Policy
A Decade of Sentencing Reform: A Sentencing Commission Staff Report
Ohio Criminal Sentencing Commission
Changing Direction? State Sentencing Reforms 2004-2006
The Sentencing Project
Sourcebook Of Federal Sentencing Statistics
The United States Sentencing Commission
U.S. Sentencing Commission 2006 Annual Report
The United States Sentencing Commission
Sentencing In Wisconsin: Drug Trafficking
Wisconsin Sentencing Commission
Throwing Away The Key
Ellen S. Podger
White-Collar Defendants and White-Collar Crimes
Andrew Weissman and Joshua Block
The Consequences Aren’t Minor: The Impact Of Trying Youth As Adults And Strategies For Reform
Campaign For Youth Justice
Death Penalty
Justice Delayed? Time Consumption In Capital Appeals: A Multi-State Study
Barry Latzer, J.D., Ph.D., James N.G. Cauthen, J.D., Ph.D.
Final Report With Findings and Recommendations
The Governor’s Commission On The Administration Of Lethal Injection
Recidivism
Community Corrections In Colorado: A Study Of Program Outcomes And Recidivism, FY00-FY04
The Colorado Division of Criminal Justice
Miscellaneous
Violent Crime In America: 24 Months Of Alarming Trends
Police Executive Research Forum
Sex Offenders
The Accuracy of Recidivism Risk Assessments For Sexual Offenders: A Meta-Analysis
Public Safety and Emergency Preparedness Canada, Department of Justice, Canada
Report Of the Sex Offender Policy Task Force
National Association Of Criminal Defense Lawyers
Banishment By A Thousand Laws: Residency Restrictions On Sex Offenders
Professor Corey Rayburn
Understanding Treatment For Adults and Juveniles Who Have Committed Sex Offenses
Center For Sex Offender Management
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| Recent Sentencing Decisions |
New Jersey
State v. Hector A. Velasquez, N.J. Super. (App. Div. 2007)
Docket No. A-3982-01T3
Held: In this appeal, the Appellate Division accepted defendant’s claim that the two extended terms of imprisonment pursuant to N.J.S.A. 2C:44-3g were imposed in violation of his right to notice and indictment guaranteed by the State Constitution. N.J.S.A. 2C:44-3g requires the imposition of an extended term of imprisonment where the defendant has been convicted of sexual assault or criminal sexual contact and the predicate crime involves either 1) violence, or 2) the threat of violence, and 3) the victim of the crime was 16 years of age. In this case, the Appellate Division observed that the crimes for which defendant received extended-term sentences do not include the elements of “violence” or “threat of violence” as defined by N.J.S.A. 2C:44-3g. Instead, his crimes were established by proof that he sexually penetrated a child who is at least thirteen but younger than sixteen and that the defendant was least four years older than that child. Because the extended term raised the maximum sentence beyond the range ordinarily applicable to the underlying offense, the Appellate Division concluded that under Apprendi v. New Jersey the findings of violence and age must be construed as the “functional equivalent” of elements. Accordingly, defendant was entitled to both notice and explicit findings by both the grand jurors and the petit jurors with respect to these issues. The Appellate Division, however, rejected defendant's argument that notice was required with respect to those findings which underpinned the parole ineligibility period authorized by the No Early Release Act.
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NJ Commission to Review Criminal Sentencing | PO Box 095 | Trenton, NJ 08625-0095
Tel: 609.341.2813 | Fax: 609.341.2816 | Email: bennett.barlyn@lps.state.nj.us |
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