NJ: Another state says you can’t move the finish line!!! Great news.

New Jersey is another in the line of State Supreme Courts to say the legislature can’t move the finish line.and impose new burdens for past crimes. Below is a link to the decision, but below that is a very informative quote from it.

https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_24_20.pdf

 

[i]t is a fundamental principle of jurisprudence that retroactive application of new laws involves a high risk of being unfair. There is general consensus among all people that notice or warning of the rules that are to be applied to determine their affairs should be given in advance of the actions whose effects are to be judged by them. The hackneyed maxim that everyone is held to know the law, itself a principle of dubious wisdom, nevertheless presupposes that the law is at least  susceptible of being known. But this is not possible as to law which has not been made.


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12 thoughts on “NJ: Another state says you can’t move the finish line!!! Great news.

  • August 9, 2021

    The vast majority of cases are decided by plea. Those pleas are obviously based on what the law is are the time of the plea. I’ve always felt that if the state decides to change the terms of your sentence later, shouldn’t you then be permitted to withdraw your plea? It’s only fair.

    Reply
    • August 10, 2021

      Gerald

      AMEN and again I say AMEN!

      Reply
    • August 11, 2021

      ABSO-FLIPPIN-LUTELY! I have always contended that a plea is a contact that was entered into by two parties. If one party breaks the contract, the contract should become null and void with no harm befalling the other (compliant) party.

      CONTRACT LAW SHOULD APPLY!!!

      Reply
      • August 12, 2021

        Jim

        I will get jumped on saying this, but from personal experience, the LAW does NOT matter. What matters is , the way a JUDGE interprets the law. That happened to me. I finally won but it took 10 years and so many 1000’s of dollars that it took me 20 years to recover.
        That is also proven when one state with the same registry, makes a ruling like this, but we with a force like FAC go with lawyers on an ex post facto case and the judge says “Too bad you waited too long”. But, but, we were TOLD we had to wait a certain amount of time before we could petition. Then we do and get told too bad too sad.
        Some of the judges are worse crooks than the people they sentence. (Not naming any in case a judge, sheriff, prosecutor, Satan or the Books are reading this)

        Reply

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