Sentencing guidelines look to reach a balance between punitive consequences, such as incarceration, probation, fines, and rehabilitative options, which includes treatment. To achieve this, numerous factors are taken into consideration. Before sentencing, New Jersey courts review:
- Aggravating factors – These include the gravity of harm inflicted on the victim/s, the need to deter others from violating the law, the risk of the defendant re-offending, and the defendant’s criminal history, amongst other factors.
- Mitigating factors –These include a defendant’s lack of prior criminal history; whether the defendant acted under a strong provocation; and whether the defendant’s conduct neither caused nor threatened serious harm, amongst other factors.
- Presentence Investigation Report – This detailed report contains information on the defendant’s background, including criminal history, employment, education, family circumstances, and physical and mental health.
- Nature of the crime – Courts will consider the details and surrounding circumstances of the crime.
- Victim Impact Statements – How did the crime affect the lives of the victims?
Statutory requirements also impose mandatory minimum sentences for certain crimes, particularly violent crimes. Under these circumstances, the defendant is required to serve a minimum of 85% of his or her sentence upon conviction before becoming eligible for parole.
Some offenses also require extended terms or enhanced sentencing, which may be applied to repeat offenders, or to specific crimes.
Depending on the particular offense, sentences that do not involve mandatory State Prison incarceration may include: County Jail, Probation, Recovery Court (for certain offenses), or a first-time offender or diversionary program (only generally available for non-violent offenses).
Generally, sentencing is designed to impose penalties that fit the crime while recognizing the defendant’s background and amenability for rehabilitation.