Justifications For Punishment

The life of the law has not been logic; it has been experience…
Oliver Wendell Holmes Jr., The Common Law 1 (1881).

Justifications for Punishment, utilitarian, utilitarianism, retributivist, retributivism, Rutgers School of Law Camden, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerThe Hopatcong cop charged with simple assault after his encounter with an air horn wielding individual in a bunny costume has made the news again. If nothing else, this will provide a case study, an object lesson if you will, in the justifications for punishment. I learned this in law school, so you might want to pay attention.

Apparently, the Sussex County First Assistant Prosecutor recently charged the officer with harassment, too. Indeed, one might say the government is providing the officer with on the job training for something that the criminals already know—don’t get caught. And let’s be candid. Read more

Criteria for Fines,
N.J.S.A. 2c:44-2

criteria for fines, N.J.S.A. 2c:44-2 mong the penalties for conviction of an offense, New Jersey courts may sentence offenders to pay fines.1 Additionally, the statute sets forth ordinary ranges for fines by degree of offense.2 Furthermore, state law provides criteria for fines the court must consider, find, and give a reason on the record before imposing a fine. Perhaps this is at least part of what people mean when they say crime doesn’t pay.
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