The Law and Trial Strategy in New Jersey Courts

The Law and Trial Strategy, Historic Somerset County Courthouse, State of New Jersey v. Gilmore, Supreme Court of New Jersey, Batson v. Kentucky, Supreme Court of the United States, SCOTUS, Constitution, Constitutional Law, Fourteenth Amendment, 14th Amendment, Equal Protection, New Jersey Constitution, State Constitutional Law, Impartial Jury, Voir Dire, Jury Selection, Trial, Racial Discrimination, Race-Based, Peremptory Challenge, Peremptory Strike, Federalism, Horizontal Federalism, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyer, trial attorney, trial lawyerPreviously I blogged about sex- and race-based peremptory strikes under the U.S. and  New Jersey Constitution. Those posts and others have touched on the issue of state constitutions with respect to jurisdictional disputes between SCOTUS and the judiciaries of the 50 states with a focus on New Jersey. These topics can supply engaging reading. Additionally, they provide subject matter for interesting debate and discussion. Significantly, these judicial opinions are the words and actions of a co-equal branch of federal and state government, the court. Thus, they demonstrate how judges exercise power. But none of that is relevant to the law and trial strategy. Read more


J.E.B. v. Alabama: Sex-Based Peremptory Challenges

J.E.B. v. Alabama, 511 U.S. 127, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), Supreme Court of the United States, SCOTUS, Constitution, Constitutional Law, Fourteenth Amendment, 14th Amendment, Equal Protection, Voir Dire, Trial, Jury Selection, Racial Discrimination, Race-Based, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerPreviously I blogged about the constitutionality of race-based peremptory challenges during jury selection here and here. This post will discuss sex-based peremptory challenges in the case of J.E.B. v. Alabama.1 Before opening statements at trial, the parties may remove jurors from the pool by challenge for cause or peremptory strike. For example, to remove a juror for cause, the challenging party must demonstrate the juror’s views would prevent or substantially impair that juror’s service in accordance with the court’s instructions and the juror’s oath. Notwithstanding J.E.B., Batson2 or Gilmore3, however, peremptory challenges require neither explanation nor approval by the court. Read more


Batson v. Kentucky: Racial Discrimination In Court

Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d (1986), Supreme Court of the United States, SCOTUS, Constitution, Constitutional Law, Fourteenth Amendment, 14th Amendment, Equal Protection, Voir Dire, Trial, Jury Selection, Racial Discrimination, Race-Based, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerPeremptory strikes in criminal jury trials have a long history. Unlike the challenge for cause, the peremptory challenge was exercised without a demonstration of cause by the defendant. Indeed, the peremptory challenge enabled the Crown to handpick juries dating to thirteenth-century England. Finding this obnoxious to their idea of justice, however, Parliament reserved the peremptory as a right for defendants only, and prohibited its use by the Crown. Additionally, American colonists continued the English practice regarding the peremptory challenges. As in England, criminal defendants were allotted peremptory challenges by statute, depending on the crime charged, while the challenges were Read more