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New Jersey Criminal Code Called Contradictory and Confusing

May 19, 2011 by Matthew Reisig

In an effort to point out glaring problems with the New Jersey criminal code, the Drug Policy Alliance (DPA) released a study this week outlining some of the offenses and related penalties and how the public views their rationality. What they found is the law is extremely out of line with what the people of New Jersey see as just and this is largely due to lawmakers playing politics.

According to Crime and Punishment in New Jersey, 222 New Jersey residents were asked about their opinions regarding certain offenses and punishments as dictated by NJ law. In 90{74bbbd36a4df8b83bd1805c8c4f34bcc3063e84848f392c2fd8bb03fcdaa883e} of the questions, the respondents said the punishment didn’t fit the crime and was instead too harsh.

A report in the Jersey City Independent reveals that the lead researcher for the DPA study, University of Pennsylvania Professor Paul Robinson, attributes the misalignment between public values and law to lawmakers jumping on the “crime du jour problem”. This refers to a lawmaker hearing of a particular case in the news, seeing as an opportunity to play to the public’s fear of crime, introducing “tough” legislation and getting it passed with little resistance.

This is nothing new and can be seen in the majority of crime bills that are passed, particularly the ones named after victims. No one wants to be a victim of crime but the haphazard method of writing and passing legislation based on singular high profile cases has resulted in many disparities within the New Jersey code.

The New Jersey criminal code was rewritten in 1978 and had 243 criminal offenses. Since that time an additional 407 offenses and sub-offenses have been added, many of them carrying penalties that simply don’t make sense when weighed against other, less serious offenses.

For instance, punching someone in the face can get you 180 days in jail. But merely attending a dog fight carries up to five years in prison. Again and again, the people of New Jersey showed researchers what was important to them and what should carry the harshest penalties only to find out the crimes and punishments, when compared to one another, made little sense at all.

What is the DPA hoping to gain from this study? Reform. While they haven’t said whether they want the entire criminal code rewritten or simply “fixed”, there’s no doubt that something needs to happen. They say they will be circulating the study to legislators in coming months and hoping to get support for massive changes to the criminal code.

Penalties often don’t make sense and there are many situations where someone faces an unusually harsh sentence for a crime that deserves little more than a slap on the wrist. When you are facing criminal charges and you are concerned about the penalties that may be doled out, consulting with an attorney is a smart first step. Contact my offices today for a free consultation on your case and to discuss what may be done to minimize the impact of these charges on your life.

Filed Under: Drug Laws

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* The reference to 1,389 cases without a DWI conviction applies to cases prior to November 1, 2017. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.

** 82% Winning Percentage at Trial is from 2012 through 2017.