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Chief Justice Poritz PRESIDING

Argued October 11, 2000

The No Early Release Act, N.J.S.A. 2C:43-7.2 (NERA or the Act), provides for mandatory minimum sentences for convictions constituting “violent crime” as defined by that statute. We granted certification to consider whether a jury must decide if a crime is violent for purposes of NERA or if that determination can be made by the sentencing court, and whether the mandatory minimum terms imposed by NERA constitute cruel and unusual punishment under the United States and New Jersey Constitutions.

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