New Jersey Jury Instruction - Controlled Substances - Death Penalty - Supplemental Instructions - Substantive Instruction
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FAQ
In New Jersey, a felony-level crime is called an ?indictable offense.? The state's Sentencing Guidelines provide for four levels of severity: First degree crime ? Possible prison term of 10 to 20 years. Second degree crime ? Possible prison term of 5 to 10 years. Third degree crime ? Possible prison term of 3 to 5 years.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
Mitigating sentencing factor fourteen permits the judge to consider that a defendant was under twenty-six years of age when the offense was committed.
A motion to correct an illegal sentence is filed when an error regarding the sentence is made by the court. These types of motions cannot be filed to challenge the conviction itself as the legality of the conviction, or trial, must be challenged through a direct appeal.
Aggravating Factors Nature and Circumstance of the Offense and the Role of Defendant. Gravity and Seriousness of the Harm Inflicted on the Victim. Risk Defendant will Commit Another Offense. Depreciate the Seriousness of the Offense?Public Trust or Position of Trust. Organized Crime.
A mitigating factor, also called a mitigating circumstance or extenuating circumstance, is any fact or circumstance that lessens the defendant's severity or culpability of a criminal offense.
The aggregated sentencing law allows an inmate to "opt-in" to sentence aggregation and have consecutive sentences aggregated into one sentence for the purpose of parole eligibility and sentence expiration.