State of New Jersey, Plaintiff-Appellant and Cross-Respondent v. James A. Hodge, Defendant-Respondent and…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded the case because the trial court failed to apply the offense‑oriented sentencing framework of the New Jersey Code, even though the 1981 amendment creating a presumption of imprisonment does not apply retroactively. The Court held that sentencing must focus on the severity of the crime rather than a broad balancing of personal mitigating factors.