General Definitions Flashcards
applies to criminal offenses within NJ
2C
Contains crimes and disorderly persons (DP) offenses
2C
Does not include municipal or motor vehicle ordinances
2C
Act of legislative declaring/prohibiting a prescribed act
Statute
Standard/regulation issued by an authority prescribing or directing action
Rule
Enacted by legislative body on county or municipal level (town law)
Ordinance
Is an element of an offense. State must prove beyond a reasonable doubt that act constituting an offense took place in NJ.
Jurisdiction
Most sentences 1 year
PDP/DP Offense
10-20 years incarceration
1st degree
Offense for which imprisonment of >6 months is authorized
Crime
5-10 years incarceration
2nd degree
3-5 years incarceration
3rd degree
18 months incarceration max
4th degree
Exceptions to 2nd degree crime prison terms are what and how long?
Murder 30+ years and Kidnapping 15-30 years
If convicted you’re going to prison, period! Extraordinary hardship to overcome presumption.
Presumption of Incarceration (1st and 2nd degree crimes)