
The Criminal Justice System Process - An Overview
The Criminal Code
1. Our criminal code contains the majority of our criminal statutes. It is generally known as volume "2C" of all of New Jersey's statutes.
2. Our code defines two major classes of criminal conduct: 1. Crimes and 2. Disorderly Persons Offenses (DP) and Petty Disorderly Persons Offenses (PDP).
3. Crimes are those types of behavior that we view as the most serious. They include such types as Murder, Robbery, Burglary, Drugs and many others. Crimes are graded by degrees, depending on their perceived seriousness, of First, Second, Third and Fourth. The code then sets forth specific types of punishment for each degree. For example, a crime of the First degree may require a prison sentence of 10 to 20 years in state prison, a Second degree may require a prison sentence of 5 to 10 years, a Third degree may require a sentence of 3 to 5 years and a Fourth degree may require up to 18 months. Sentences can also include probation, fines and restitution.
4. Disorderly Persons Offenses and Petty Disorderly Persons Offenses are those types of behavior, which while wrong are viewed as less serious. These include Disorderly Conduct, Harassment and many others. These are punishable by jail terms not to exceed 6 months for DP offenses and 30 days for PDP offenses, with fines in both cases.
5. All matters pertaining to Crimes are conducted in the Superior Court of New Jersey and all matters pertaining to DP or PDP offenses are conducted in Municipal Court. The Superior Court in Atlantic County is located in Mays Landing. The Municipal Courts are located in their respective municipal seats.
6. The primary difference between the two is in the trial process. In Municipal Courts trials are conducted by a Judge without a Jury, in Superior Court there is a Judge and a Jury of twelve persons. The role of the Trial Jury is to decide if a defendant is guilty or not guilty, the Judge conducts the trial and is responsible to apply the law.
7. At trial the Prosecutor bears the burden of proving the case against the defendant and must convince the trial jury beyond a reasonable doubt that the crime was committed and that the defendant did it. The trial jury's decision must be unanimous.