In a decision issued today, the New Jersey Supreme Court ruled that the state’s mandatory 30-year parole bar for young people convicted as adults for homicide offenses is unconstitutional because “it does not conform to contemporary standards of decency.”
The Court found that “in many cases, [30 years] may be grossly disproportionate to the underlying offense” and that traditional penological justifications are not served by applying a 30-year mandatory minimum sentence to juveniles. To redress this, the Court joins over a dozen other states that have instituted a look-back period for young offenders. Young people sentenced to long prison terms in New Jersey can now petition for release after serving 20 years.
The Lowenstein Center for the Public Interest, along with co-counsel, the Rutgers Criminal and Youth Justice Clinic, submitted a brief on behalf of amici curiae Campaign for the Fair Sentencing of Youth, Incarcerated Children’s Advocacy Network, New Jersey Parents’ Caucus, Transformative Justice Initiative, The Beyond the Blindfold of Justice, and formerly and currently incarcerated youthful offenders. The brief shared numerous examples of young people who were imprisoned for serious offenses and are now productive members of their communities, demonstrating the distinct rehabilitative potential of youth.
On October 26, 2021, Natalie J. Kraner, senior public interest counsel for the center, appeared before the Court to argue that a 30-year mandatory minimum sentence with no parole did not take into account the factors at play when the defendant is a minor at the time of the offense. The Court agreed with our arguments and Chief Justice Rabner’s majority opinion acknowledged amici’s “stories of ten juvenile offenders, each convicted of homicide, [that] show the capacity juveniles have to reform and contribute to society.” The 20-year look-back period announced by the Court will now provide incarcerated young people in New Jersey a meaningful opportunity to seek release once they can demonstrate their maturation and rehabilitation.
In addition to Kraner, the Lowenstein team included Stephanie D. Ashley. The team from Rutgers includes Laura Cohen, Elana Wilf, and Tyler Dougherty.
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