State v. Ribbecke’s Empirical Analysis

Citation profile

1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “N.J.S.A. 2C:1-2 directs the courts to construe the code so as to "give fair warning of the nature of the sentences that may be imposed on conviction of an offense" and to "differentiate among offenders with a view to a just individualization in their treatment." In State v. McBride, 66 N.J. 577, 580 (1975), the court expressed this philosophy: "A youthful offender eligible for sentence to the Complex should ordinarily be sentenced there unless good and substantial reasons exist for not so doing." Since the Code provides that any person under 26 years of age may be sentenced to the reformatory, and since the Graves Act does not expressly forbid such treatment and prior case law urges it, there is no doubt that to meet the Code's requirement of "fair warning" regarding sentencing alternatives, this court must resolve the conflict by following the prior cases and deciding that a defendant who comes within the youthful offender category may be committed to a reformatory without a minimum term or to State Prison if the court believes that application of a minimum term is appropriate. [ Id. at 71.]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Des Marets

2. “Perhaps a sentencing judge should have the power to sentence a youthful offender to the Complex, but fix a minimum term that must be served. However, this would require an amendment to N.J.S.A. 30:4-148.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Des Marets