NCJ Number
50752
Journal
Criminal Justice Quarterly Volume: 6 Issue: 2 Dated: (SPRING 1978) Pages: 83-93
Date Published
1978
Length
11 pages
Annotation
MODIFICATIONS TO THE HABITUAL OFFENDER ACT IN NEW JERSEY ARE EXPLORED WITH REGARD TO DELINEATING THE DUTIES AND RESPONSIBILITIES OF PROSECUTORS AND THE COURT SYSTEM IN RECIDIVIST SENTENCING.
Abstract
THE HABITUAL OFFENDER ACT CAN BE APPLIED IN A LARGE NUMBER OF CRIMINAL PROSECUTIONS AND THUS CAN PLAY AN IMPORTANT ROLE IN ESTABLISHING THE LENGTH OF A CONVICTED DEFENDANT'S SENTENCE. THE STATUTE, HOWEVER, IS INVOKED RARELY BY PROSECUTORS AND THE COURTS. IT PROVIDES FOR INCREASED PUNISHMENT OF PERSONS CONVICTED OF A MISDEMEANOR OR A HIGH MISDEMEANOR IF THOSE PERSONS HAVE BEEN CONVICTED OF A HIGH MISDEMEANOR ON ONE OR MORE PRIOR OCCASIONS. HABITUAL OFFENDER LEGISLATION IN NEW JERSEY AND IN OTHER JURISDICTIONS HAS BEEN CHALLENGED ON NUMEROUS GROUNDS BUT GENERALLY WITHOUT SUCCESS. THE JUSTIFICATION STATES THAT HABITUAL OFFENDER STATUTES DO NOT UNDERTAKE TO PUNISH AGAIN FOR PRIOR OFFENSES; RATHER, THEY INCREASE PUNISHMENT FOR A SUBSEQUENT OFFENSE. ACCORDING TO PROCEDURES FOR INVOKING THE HABITUAL OFFENDER ACT IN NEW JERSEY, INCREASED PUNISHMENT MAY BE IMPOSED AT THE COURT'S DISCRETION. BEFORE THE COURT ORDERS THE FILING OF A MULTIPLE OFFENDER ACCUSATION AND BEFORE THE PROSECUTION COMPLIES WITH SUCH AN ORDER, CARE SHOULD BE TAKEN TO INSURE THAT A DEFENDANT'S PRIOR CONVICTIONS ARE SUFFICIENT IN NUMBER AND CHARACTER TO PERMIT INVOCATION OF THE HABITUAL OFFENDER LAW. SPECIAL CARE ALSO SHOULD BE TAKEN TO ASCERTAIN WITH CERTAINTY THAT A DEFENDANT IS THE PARTY AGAINST WHOM PRIOR CONVICTIONS WERE OBTAINED. BEFORE THE HABITUAL OFFENDER ACT IS MODIFIED, A LEGISLATIVE DETERMINATION SHOULD BE MADE CONCERNING CRIMINAL SENTENCING IN GENERAL AND PURPOSES AND GOALS OF A MULTIPLE OFFENDER LAW. DUTIES AND RESPONSIBILITIES OF PROSECUTORS AND THE COURT SYSTEM WITH RESPECT TO RECIDIVISM SENTENCING SHOULD BE ESTABLISHED AND DELINEATED CLEARLY. (DEP)