NJ begins tougher penalties for 2 crimes
Home invasion, burglary receive new classification
By: Manshil Ahmed
NorthJersey.com
USA Today Network - New Jersey
..... Govern Phil Murphy signed a bipartisan bin on October 18, that establishes two new classifications of burglary, increasing penalties for home invasion and residential burglary to address rising concerns over security in New Jersey neighborhoods.
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Home invasions burglary has been elevated to a first-degree crime, punishable by 10 to 20 years in prison and/or fines up to $200,000. Residential burglary has been elevated to a second-degree crime, and carries penalties of five to 10 years in prison and fines up too $150,000. Both offenses fall under New Jersey's "No Early Release Act," Mandating that 85% of sentences be served before parole eligibility.
..... "The safety and well-being of New Jerseyans is our administration;s highest priority," said Murphy. "Today;s [10/18/2024]
bipartisan legislation ensures that the penalties for burglary and home invasion reflect the severity of these crimes and deter individuals from entering a home illegally."
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The legislation drew support from New Jersey's law enforcement community, local leaders, and legislators, passing the Senate 36-1 and unanimously in the assembly. the bill's sponsors include senators Anthony Bucco, brain Stack, and Vin Gopel, along with Assembly members Sterley Stanley, Robert Karabinchak, and Alexander "Avi" Schnail. "Our home is our sanctuary," said Attorney General Matthew Platkin. "with the serious consequences established by this new law, Governor Murphy and the Legislature are taking another step in the effort to secure our homes and provide greater peace of mine to all New Jerseyans."
..... Home invasion burglary involves entering a home to commit a crime, with perpetrators either inflecting bodily harm or carrying a deadly weapon. Residential burglary apples when someone unlawfully enters a home with criminal intent. Those convicted may be denied licenses by the Division of Consumer Affairs, within the Department of Law and Public Safety.
..... Law enforcement officials, including New Jersey State Police Superintendent Colonial Patrick J. Callahan, believes the increased penalties sent a strong message to would-be offenders. "This new law ... is a powerful step toward ensuring the safety of New Jersey's residents, Callahan said. "By increasing the penalties for these serious offenses, we are sending clear message to criminals that we will not tolerate such brazen acts that violate the scantily of our homes."
Impact of harsher penalties
..... Despite the show of support, some experts expressed skepticism. Thomas A, Shea, a Seton Hall professor and expert on security policy, questioned the law's potential to deter crime, suggesting that "the only thing that deters criminals is fear of getting caught, not fear of punishment." Shea pointed out that though he is glad there will be stronger legislation, most offenders are often unaware of the specifics of sentencing laws, diminishing the likelihood that harsher penalties along would discourage criminal activity.
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He noted a disturbing of "groups of young juveniles" moving from car thefts to home burglaries, adding "it's only a matter of time before one of these incidents turns deadly."
..... "there will be outcry if that happens and they are probably anticipating that so they're passing stricter laws," he said. "It won't necessary prevent them from happening," Todd Clear, a professor at Rutgers School of Law, expressed concern about the impact of increased sentencing on New jersey;s high railcard disparities in incarceration rates. calling the timing of the law "ironic: given the state's recent work on criminal justice reform. "Nothing in the evidence suggests that harsher penalties will reduce crime," he said.
..... Clear highlighted the punitive laws often fail to reduce crime in the long term and disproportionately affect young offenders and communities of color, saying. "Often minors who commit crimes at age 12 or 14 lack alternative options and end up facing long prison terms that we later regret." Clear added that crime rates in New Jersey have been decreasing in part due to post-COVID stabilization. "Penalties applying to minors in this way echo the strict sentencing mistakes of the 1980s, which many legislators now regret." Clear noted that crime rates nationally and in New Jersey are already on the decline. "the legislation is inconsistent with the current administration's strong stance on racial justice,: he added, stressing that such strict sentencing policies could inadvertently widen racial disparates across the state's prison system. "You can't argue with a legislation like this during election year," Clear said."The fact that this specific governor, this Legislature will pass it in this specific year [2024] - nothing about this suggests it's consistent with the agenda they have publicly supported."
..... However, for resident like Manjit "Goldy" Batra, whose Edison home was burglarize last year [2023] the law offers reassurance. "the commitment to strengthen penalties for these crimes reassures us, Batra said, "that our voices are being heard."