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NEW JERSEY - ADMINISTRATIVE OFFICE OF THE COURTS IMPLEMENTATION OF THE NEW CRIMINAL COURT

NCJ Number
55657
Author(s)
ANON
Date Published
Unknown
Length
13 pages
Annotation
ENACTMENT OF A CRIMINAL CODE IN NEW JERSEY THAT BECOMES EFFECTIVE IN SEPTEMBER 1979 REPRESENTS A FIRST STEP IN REVISING THE STATE'S CRIMINAL JUSTICE SYSTEM, AND GOALS AND OBJECTIVES OF CODE REVISION ARE EXAMINED.
Abstract
THE CRIMINAL LAW REVISION COMMISSION WAS CREATED IN 1963 BY THE NEW JERSEY LEGISLATURE TO STUDY AND REVIEW STATUTORY LAW PERTINENT TO CRIME, DISORDERLY PERSONS, CRIMINAL PROCEDURES, AND RELATED SUBJECTS. THE PURPOSE OF THE COMMISSION WAS TO MODERNIZE THE CRIMINAL CODE TO ELIMINATE INCONSISTENCIES, AMBIGUITIES, AND REDUNDANT PROVISIONS. THE EFFECTIVE DATE OF THE CODE HAS BEEN DELAYED IN ORDER TO PERMIT ALL MEMBERS OF THE CRIMINAL JUSTICE COMMUNITY TO RECEIVE PROPER EDUCATION ABOUT THE CODE AND ITS IMPACT. THE ATTORNEY GENERAL'S OFFICE IS RESPONSIBLE FOR COORDINATING THE EDUCATIONAL EFFORT. ESSENTIAL RESPONSIBILITIES OF THE DIVISION OF CRIMINAL JUSTICE WITHIN THE ATTORNEY GENERAL'S OFFICE ARE TO ENCOURAGE COOPERATION AMONG LAW ENFORCEMENT AGENCIES AND COORDINATE THEIR EFFORTS, TO ASSURE MORE UNIFORM AND EFFICIENT ENFORCEMENT OF CRIMINAL LAW, AND COLLABORATE WITH POLICE IN COLLECTING AND COMPILING ALL DATA NECESSARY FOR CRIMINAL HISTORY RECORD INFORMATION AND UNIFORM CRIME REPORTING. THE REVISED CODE PROVIDES FOR AN ENTIRELY DIFFERENT SCHEME OF SUBSTANTIVE LAW AND COVERS OFFENSE CLASSIFICATIONS, A PROVISION ABOLISHING COMMON LAW CRIMES AS WELL AS TIME LIMITATIONS AND PROCEDURAL BARS, GENERAL PRINCIPLES OF LIABILITY (INCLUDING GENERAL REQUIREMENTS OF CULPABILITY AND DEFENSE), GENERAL PRINCIPLES OF JUSTIFICATION (SELF-DEFENSE AND MISTAKE OF LAW), MENTAL DISEASE AND AGE PREREQUISITES, INCHOATE CRIMES, SPECIFIC OFFENSES (CRIMES AGAINST PERSONS, OFFENSES AGAINST PROPERTY, OFFENSES AGAINST PUBLIC ADMINISTRATION, AND OFFENSES AGAINST PUBLIC ORDER AND HEALTH), DISPOSITIONS FOR OFFENSES, AUTHORITY OF COURTS IN IMPOSING SENTENCES, DISPOSITIONAL ALTERNATIVES AVAILABLE IN EACH CASE, AND PROVISIONS RELATING TO LOSS AN RESTORATION OF RIGHTS INCIDENT TO CONVICTION. GOALS OF PENAL REFORM ARE TO PROVIDE NECESSARY RESOURCES THAT WILL ENABLE THE PROPER, EFFECTIVE, AND EFFICIENT IMPLEMENTATION OF THE CRIMINAL CODE AND TO ASSURE UNIFORM AND EFFICIENT ENFORCEMENT OF CRIMINAL LAWS. SPECIFIC OBJECTIVES OF SUCH REFORM AND RESULTS SOUGHT ARE DELINEATED. TASKS THAT MUST BE ACCOMPLISHED IN THE CODE'S IMPLEMENTATION ARE DISCUSSED, AND AN EXAMPLE OF LOCAL IMPLEMENTATION OF THE CODE IS CITED. (DEP)

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