New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S3821

Introduced
5/11/23  

Caption

Provides that recording of violent act or distribution of such recording constitutes crime of inciting violence under certain circumstances; requires juvenile accused of such offense to be tried as adult.

Impact

One significant aspect of SB S3821 is its impact on juvenile offenders. The bill mandates that juveniles aged 15 and older who are accused of the crime of inciting violence be prosecuted as adults, thereby shifting their cases from juvenile court to the adult criminal justice system. This change is noteworthy as it reflects a stricter stance on juvenile delinquency, particularly in cases that involve serious violent behavior. The legislation empowers the courts to impose adult-level penalties, which may include substantial prison sentences for minors, thereby aiming to ensure accountability for violent acts committed by younger individuals.

Summary

Senate Bill S3821 aims to address the issue of violence in society by criminalizing the recording and distribution of violent acts with the intent to incite or urge further violence. It classifies such behavior as a third-degree crime, which includes various severe offenses like aggravated assault, murder, and sexual assault. This legislative initiative has been introduced with the backdrop of rising concerns about violence, particularly among youth, and aims to deter such acts through legal ramifications. The bill seeks to make it clear that recording violence is not a neutral act but can contribute to a culture of violence that is unacceptable.

Contention

The introduction of S3821 is likely to stir debate regarding the treatment of youth in the criminal justice system. Proponents of the bill argue that it is necessary to prevent violent acts and send a strong message about the consequences of such behaviors. However, critics may argue that treating juveniles as adults in the criminal system can have detrimental effects on their development and rehabilitation. There are concerns about the implications for recidivism rates and the potential for exacerbating issues related to youth incarceration, particularly in a system that may not adequately cater to juvenile needs. This bill raises essential questions about the balance between public safety and the rights of young individuals in the legal system.

Companion Bills

No companion bills found.

Previously Filed As

NJ S4536

Requires juveniles to be tried as adult for certain serious offenses under No Early Release Act.

NJ S3500

Requires automatic waiver of juvenile age 16 and older to be tried as adult for criminal matters.

NJ A5657

"Stolen Car Accountability Act"; concerns juveniles tried as adults for motor vehicle theft and residential burglary.

NJ S4053

Expands offenses for which juvenile may be waived to adult criminal court to include certain thefts or unlawful takings of motor vehicles; makes use of juvenile in theft of motor vehicle strict liability crime.

NJ A5369

Expands offenses for which juvenile may be waived to adult criminal court to include certain thefts or unlawful takings of motor vehicles; makes use of juvenile in theft of motor vehicle strict liability crime.

NJ S3351

Requires court to impose monetary bail for carjacking; requires juvenile alleged to have committed carjacking be tried as adult.

NJ S683

Requires court to impose monetary bail for carjacking; requires juvenile alleged to have committed carjacking be tried as adult.

NJ S4438

Permits waiver of juvenile regardless of age under certain circumstances; makes juveniles eligible for waiver for terrorism and human trafficking.

NJ A5721

Permits waiver of juvenile regardless of age under certain circumstances; makes juveniles eligible for waiver for terrorism and human trafficking.

NJ A5573

Allows juvenile to be tried as adult for committing homicide against law enforcement officer; designated as "Joseph's Law."

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