New Jersey Section 2C:98-1 – Construction

New Jersey Section 2C:98-1 – Construction: An Overview for Legal Practitioners

New Jersey Section 2C:98-1 deals with the construction of the New Jersey Code of Criminal Justice (NJCCJ). This section outlines how the NJCCJ should be interpreted and applied. Understanding this section is important for any legal practitioner working with criminal law in New Jersey.

Purpose of Section 2C:98-1

The main purpose of Section 2C:98-1 is to aid in the construction and interpretation of the NJCCJ. Some key points from the section include:

• It states that other general statutory construction rules that apply to New Jersey statutes also apply to the NJCCJ, such as those found in R.S. 1:1-8 and R.S. 1:1-11 to 1:1-21. This includes rules like gender-neutral interpretation.
• It says that the NJCCJ does not affect any rights that were already established under prior law. So if someone had a vested right under an older criminal statute, that right carries over under the NJCCJ.
• It also preserves remedies that existed under prior law, if there was already a judicial proceeding or prosecution taking place when the NJCCJ was enacted.

So in essence, Section 2C:98-1 assists in transitioning from older criminal law statutes into the new consolidated NJCCJ, while preserving certain rights and remedies.

Key Definitions

Section 2C:98-1 does not contain many definitions itself. But it’s important for legal practitioners to be familiar with the definitions outlined in Section 2C:1-14 of the NJCCJ which apply generally, unless another definition is provided in a specific chapter.

Overview of Case Law

There is limited case law directly interpreting Section 2C:98-1 since it is more of a general transitional provision. However, New Jersey courts have cited and applied Section 2C:98-1 in the following types of cases:

• In State v. Introcaso, the court used 2C:98-1 to determine that the NJCCJ did not decriminalize the common law offense of escape.
• In State v. Valentin, the court relied on 2C:98-1 to find that the NJCCJ preserved a prosecutor’s pre-existing authority to issue subpoenas.

So while there are not many cases directly on point, Section 2C:98-1 has been applied to resolve questions around the transition from prior criminal law to the NJCCJ.

Relationship to Other Sections

As mentioned, Section 2C:98-1 works together with the general interpretive and transitional rules in Sections 1:1-8 and 1:1-11 to 1:1-21. So those statutes provide important guidance on construction as well.

Within the NJCCJ itself, Section 2C:98-1 connects closely with:

• Section 2C:1-1 – which provides the short title of the NJCCJ
• Section 2C:1-2 – which outlines the general purposes and principles behind the NJCCJ

Practical Applications

From a practice standpoint, the preservation of rights and remedies under Section 2C:98-1 can be critical in certain criminal cases.

For example, if a defendant had already achieved a favorable result under older laws in place before the NJCCJ, they may be able to argue that Section 2C:98-1 entitles them to continuation of that result. Prosecutors have also relied on Section 2C:98-1 to support the continuation of their authority in certain areas.

So while this section seems technical in nature, it can have real impacts in specific criminal cases. Legal practitioners in New Jersey should be well-versed in Section 2C:98-1 as part of understanding the overall structure and transition to the NJCCJ.