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.

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

  • August 9, 2021 at 6:05 pm
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    Buying oats for a dead horse here, but… Florida…

    I’m happy for New Jersey. Is this just added to our argument in hopes a federal judge whose ruling applies to Florida agrees, or….what…?

    Reply
  • August 9, 2021 at 6:30 pm
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    I am going to make a comparison here. When I was a kid, I was always the last kid to be picked for any sport. When I was at bat, the pitcher would purposely aim for my head with the ball.

    Florida seems to feel like that since we are the last ones to come around to common sense.

    We on the registry in Florida, are like me when I was a kid getting “Passed over” with all these rulings.

    Reply
  • August 9, 2021 at 7:32 pm
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    I’VE BEEN SAYING THIS!! Ignorance of the law not being an excuse goes out the Flippin’ window when they pass laws later and then apply them retroactively. We cannot possibly know what laws are coming in the next year, two, ten, twenty…

    I’ve often hoped a lawyer would argue that the ‘ignorance of the law’ policy was abandoned the moment the government made a law retroactive.

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  • August 9, 2021 at 8:14 pm
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    Thought #2

    How come they “Cannot change the time line” but can “Retroactively” apply the registry at all. Those of us who had no registry when we were sentenced but did when released were cornswaggled.

    The time line should apply to the entire registry, not just parts of it.

    Reply
  • August 9, 2021 at 9:44 pm
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    Justice always wins – eventually
    because
    Truth always wins – eventually.

    The flagrant violations of my rights does not aid the victims of my crimes. It can only feed a twisted sense of revenge.
    (Because 2 wrongs do not make a right.)

    Reply
  • August 9, 2021 at 9:48 pm
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    Man Iv been on the registry since the day it started in FL. They have moved the damn goal post so many times I can’t see it anymore.. And for good measure made all these laws retroactive. Id like to see a verdict like this in Florida sometime before I die..

    Reply
    • August 10, 2021 at 12:42 pm
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      I feel your pain.

      I went from having to register only once when I got out (and for law enforcement use only). Then two times per year, then four times. Not to mention they have taken away freedoms of where I can work or volunteer. Also all of the other crap…

      I feel your pain.

      Reply
  • August 9, 2021 at 11:12 pm
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    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.

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    • August 10, 2021 at 3:29 pm
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      Gerald

      AMEN and again I say AMEN!

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    • August 11, 2021 at 10:19 pm
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      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 at 8:56 am
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        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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