New Jersey v. Zuber

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The defendants in these appeals committed very serious, violent crimes when they were juveniles. One was serving a sentence of 110 years imprisonment and would not be eligible for parole until he spent 55 years in jail. At that time, he would be about 72 years old. The second was serving a 75-year term and was ineligible for parole until he served 68 years and 3 months in jail. He would then be 85 years old. The United States Supreme Court recognized the mitigating qualities of youth and directed that judges in those cases consider a number of factors at sentencing, including immaturity and failure to appreciate risks and consequences; family and home environment; family and peer pressures; an inability to deal with police officers or prosecutors or the juvenile s own attorney; and the possibility of rehabilitation. The New Jersey Court found the same concerns applied to sentences that were the practical equivalent of life without parole, like the ones in these appeals. "The proper focus belongs on the amount of real time a juvenile will spend in jail and not on the formal label attached to his sentence. To satisfy the Eighth Amendment and Article I, Paragraph 12 of the State Constitution, which both prohibit cruel and unusual punishment, we direct that defendants be resentenced and that the 'Miller' factors be addressed at that time. [. . .] In short, judges should exercise a heightened level of care before they impose multiple consecutive sentences on juveniles which would result in lengthy jail terms." Both cases were remanded for resentencing. View "New Jersey v. Zuber" on Justia Law