N.J.S.A. 2A:4A-43(a). Although not explicitly included in the statute, the Code has been found to permit suspended sentences as a necessary, viable disposition. State ex rel. M.C., 384 N.J.Super. 116, 118, 894 A.2d 60 (App.Div. 2006). The Code provides guidance to judges considering whether incarceration is appropriate.
Although rehabilitation, historically, has been the primary focus of the juvenile justice system, a second purpose—increasingly so in recent times—is protection of the public. See State in Interest of K.O., 217 N.J. 83, 92–93, 85 A.3d 938 (2014) ; see also J.G., 169 N.J. at 320–21, 777 A.2d 891 (noting that soon after enactment of Megan's Law, Legislature amended Juvenile Code's statement of purpose to include "a range of sanctions designed to promote accountability and protect the public" (quoting N.J.S.A. 2A:4A–21 ) ); State in Interest of M.C., 384 N.J. Super. 116, 128, 894 A.2d 60 (App. Div. 2006) (noting that rehabilitation and protection of society are among considerations family court must weigh). Nevertheless, rehabilitation and reformation of the juvenile remain a hallmark of the juvenile system, as evidenced by the twenty enumerated dispositions available to the family court in sentencing a juvenile adjudicated delinquent.
Although rehabilitation, historically, has been the primary focus of the juvenile justice system, a second purpose — increasingly so in recent times — is protection of the public. See State in Interest of K.O., 217 N.J. 83, 92-93 (2014); see also J.G., 169 N.J. at 320-21 (noting that soon after enactment of Megan's Law, Legislature amended Juvenile Code's statement of purpose to include "a range of sanctions designed to promote accountability and protect the public" (quoting N.J.S.A. 2A:4A-21)); State in Interest of M.C., 384 N.J. Super. 116, 128 (App. Div. 2006) (noting that rehabilitation and protection of society are among considerations family court must weigh).Nevertheless, rehabilitation and reformation of the juvenile remain a hallmark of the
When making a disposition, "Family Part judges must determine the most appropriate course of action in respect of the individual to ‘accomplish both rehabilitation and preservation of the family unit and at the same time protect society.’ " Id. at 296, 990 A.2d 640 (quoting State In re. M.C., 384 N.J. Super. 116, 128, 894 A.2d 60 (App. Div. 2006) ). N.J.S.A. 2A:4A–43(c) states in relevant part:
"One of the ‘major hallmarks of the Code’ was to provide the newly created, specialized family court with flexibility in juvenile dispositions." State ex rel. C.V., 201 N.J. 281, 295, 990 A.2d 640 (2010) (quoting State ex rel. M.C., 384 N.J. Super. 116, 127, 894 A.2d 60 (App. Div. 2006) ). We have said, "[e]ven with respect to a juvenile charged with conduct that would be a crime if committed by an adult, the overriding goal of the juvenile justice system is rehabilitation, not punishment."
Nevertheless, our courts also recognize that the Code serves a penal purpose. State ex rel. J.D.H., 171 N.J. 475, 483 (2002); State ex rel. M.C., 384 N.J. Super. 116, 118 (App. Div. 2006). The Code provides juvenile offenders with most, but not all, of the rights of criminal defendants.
Nevertheless, our courts also recognize that the Code serves a penal purpose. State ex rel. J.D.H., 171 N.J. 475, 483, 795 A.2d 851 (2002); State ex rel. M.C., 384 N.J.Super. 116, 118, 894 A.2d 60 (App.Div.2006). The Code provides juvenile offenders with most, but not all, of the rights of criminal defendants.