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 Imprisonment, N.J.S.A. 2c:44-1

criteria for imprisonment, sentencing factors, aggravating factors, mitigating factors, N.J.S.A. 2c:44-1, new jersey, criminal defense, attorney, lawyerNew Jersey law enumerates specific criteria for imprisonment. Furthermore, these criteria apply to every defendant convicted of an offense. Recently a man appeared in Mercer County Superior Court for an assault sentence, per nj dot com. But before the court imposed the sentence, the victim gave an impact statement. Describing herself as “almost dead,” she called the assault “senseless,” and said “every day” she thinks about it. Additionally, prosecutors said the defendant argued with his girlfriend, picked up a kitchen knife, and stabbed her several times. Ultimately, Read more