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ELECTRONIC NEWSLETTER
ISSUE No. 10 |
October 3, 2006 |
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CALENDAR: The next meeting of the Sentencing Commission will take place on Tuesday, October
17, 2006. The meeting will take place in Room 314 of 3 Station, 44 South Clinton Ave.
Trenton. The meeting will begin at 10:00 a.m. and is closed to the public. |
| New Jersey Sentencing News |
September 24, 2006
Star Ledger
Editorial: Rethink Sex Offender Bans
September 18, 2006
Asbury Park Press
Megan’s Law Loophole Still Needs A Mend
September 18, 2006
Newsday
AG Nominee Clears Senate Panel, Vows Corruption Fight
September 19, 2006
Press of Atlantic City
Assemblyman Changes Mind On Capital Punishment
September 14, 2006
Star Ledger
Editorial: A Caseload Crunch
September 14, 2006
Star Ledger
Death Penalty Evokes Anguished Debate
September 14, 2006
Courier-Post
Editorial: State Should Abolish Capital Punishment
September 13, 2006
Star Ledger
NJ Panel Counts Cost of Death Penalty
September 11, 2006
Newsday
Death Penalty Debate Expected Amid More Property Reform Talks
September 12, 2006
Star Ledger
Court Weighs Warnings About Young Teen Sex Offenders
September 10, 2006
Star Ledger
Inmates Trying To Open A New Door
August 29, 2006
Press of Atlantic City
Offenders Find Help At County Drug Court
August 24, 2006
Newsday
July Court Ruling Sparks Appeals From Death Row
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| National Sentencing News |
September 25, 2006
South Bend Tribune
Experts Say Prison Sentence Often Last Resort
September 24, 2006
Los Angeles Times
A Quiet Bombshell in the Legal World: A High Court Decision Puts Mandatory Sentencing Laws in Limbo
September 20, 2006
Washington Post
Chaos In Sentencing
September 11, 2006
Associated Press
Climb In Violent Crime Seen In 2005
September 8, 2006
Arkansas News Bureau
Hutchinson Sets Goal Of Cutting Drug Abuse In Half in Four Years
September 7. 2006
New York Times
Inmates Report Mental Illness At High Levels
August 29, 2006
Kalamazoo Gazette
Prisoner Reentry Pilot Could Save Money, Lives
August 27, 2006
San Francisco Chronicle
Maximum Insecurity: California’s Prison System Produces Bizarre and Dangerous Results Harmful To Inmates and Public
August 23, 2006
Washington Post
Op-Ed: Will Congress Listen To The Courts And Fix Drug Sentencing?
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| Document Library |
Apprendi & Blakely Issues
General Sentencing Policy
Death Penalty
Recidivism
Miscellaneous
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| Recent Sentencing Decisions |
New Jersey
State v. Marshall Rountree, N.J. Super. (App. Div. 2006)
Docket Nos. A-2043-02T1, A-5014, 03T1
In this consolidated appeal, the Appellate Division rejected the claim made by defendant, a second offender under the Graves Act, that the Supreme Court of New Jersey's decision in State v. Franklin, 184 N.J.. 516 (2005), and, implicitly, the strictures enunciated by the United States Supreme Court in Apprendi v. New Jersey and Blakely v. Washington, should apply retroactively to cases on collateral, i.e., post-conviction, review. In Franklin, the Supreme Court of New Jersey held that the Sixth Amendment right to a jury trial requires that a jury, not a judge, make the predicate finding that a defendant possessed or used a gun in repeat Graves Act cases. In this case, the Appellate Division declined defendant's invitation to disregard the New Jersey Supreme Court's explicit pronouncement in Franklin that its holding would be given "pipeline retroactivity," that is, would apply only to cases on direct appeal. The Appellate Division derived further support from Schriro v. Summerlin, 542 U.S. 348 (2004), wherein the United States Supreme Court determined that retroactive application of Apprendi collateral review is not required under the United States Constitution.
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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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