Legal Opinion · Concurring in part, dissenting in part

State v. Des Marets

Supreme Court of New Jersey

Decided January 26, 1983Published

1Concurring in part, dissenting in partHandler, J.

The sentencing provision applicable to young adult offenders, N.J.S.A. 2C:43-5, is a long-standing statutory scheme that was re-enacted as part of the New Jersey Code of Criminal Justice. *89It provides for indeterminate custodial sentences of eligible young adult offenders to the Youth Correctional Institution Complex. The recently enacted Graves Act, N.J.S.A. 2C:43-6c, requires the imposition of a three year minimum sentence to State Prison without parole eligibility for persons who use or possess a gun in the course of committing certain crimes. The major question presented by both of these…

2Cases cited33 opinions

  1. Bell v. United StatesSupreme Court of the United States · 1955
  2. United States v. WiltbergerSupreme Court of the United States · 1820
  3. Busic v. United StatesSupreme Court of the United States · 1980
  4. Brewer v. PorchSupreme Court of New Jersey · 1969
  5. State v. MaguireSupreme Court of New Jersey · 1980

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