Heroin Possession, N.J.S.A. 2c:35-10

Like fish trapped in a barrel, four people in a Monroe Township home found themselves targeted by police during a raid this week. Indeed, the cops invaded the home and arrested four people after a five-month investigation. Along the way, they allegedly found heroin, crack cocaine, and marijuana. Consequently, the cops charged the various individuals with heroin possession, cocaine possession, possession of marijuana under 50 grams, distribution/manufacture of heroin, distribution/manufacture of cocaine, and drug paraphernalia.

But here is a question. Specifically, why does nj dot com have only scant details to report? Most likely nj dot com got its information from a news release, which some would consider a tool of government propaganda. Read more

Methamphetamine Possession, N.J.S.A. 2c:35-10

You remember when Walter White shaved his head on Breaking Bad. Owing to his chemotherapy, Walt opted for this new look. And a short time later, he visited Tuco to collect money. Indeed, Walt’s edge in the negotiation consisted of an explosive that looked like his special crystal meth. And you definitely remember when Jesse Pinkman shaved his head. Jesse fell off the wagon after he assassinated Gale Boetticher at point blank range, yo. Breaking Bad offers fantastic entertainment. Therefore, a news item I saw this week about an arrest involving methamphetamine possession and distribution in South Jersey’s sleepy Gibbstown grabbed my attention. Read more

Unlicensed practice of medicine, N.J.S.A. 2c:21-20

If you must be indiscrete, be discrete in your indiscretion. Mark Twain

Sussex County cops charged a 20-year-old from Brooklyn, N.Y., with unlicensed practice of medicine, and other offenses. Indeed, the cops claim the man tried to get prescription drugs at a Walmart by posing as a physician. Furthermore, Walmart workers felt he failed to follow protocols when he allegedly requested prescription drugs for an unknown male. Apparently Franklin cops watched the suspect leave the Walmart after he tried to pick up the medicine. But they did not stop him or arrest him. Instead, they asked Sparta police to apprehend the man. The cops did not only charge him, however, with unlicensed practice of medicine. They also charged him Read more

Arson and related offenses, N.J.S.A. 2c:17-1

Florham Park cops charged a Fairleigh Dickinson University student with arson, claiming he set a toilet paper roll ablaze. According to a news release, borough police and firefighters responded to a fire alarm in a campus building. Indeed, first responders allegedly found a burned toilet paper roll between a pipe and the ceiling, per nj dot com. Additionally, they allegedly found damage to the wall. Furthermore, a follow up investigation lead authorities to arrest and charge the student with arson.

And in other news, Camden County authorities arrested and charged a homeowner from Runnemede with Read more

The Law and Trial Strategy in New Jersey Courts

Previously 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

Certain Persons Not To Have Weapons, N.J.S.A. 2c:39-7

Atlantic City cops arrested a man for various crimes, including Certain Persons Not to Have Weapons, at the Knights Inn. The cops also arrested two co-defendants. Additionally, a press release from the Atlantic City Police Department claims the cops recovered a handgun and drugs. While responding to a call about an altercation, the cops caught wind of the altercation. Indeed, the press release and the nj dot com describe the incident as a fight and an altercation. But they also omit to point out the altercation was verbal, not physical. One may feel free to speculate about the reason for the omission in the news release. Read more

Weapon Definitions, N.J.S.A. 2c:39-1

The following weapon definitions apply to this chapter 39 and to chapter 58 of New Jersey Statutes:

Antique firearm means any rifle or shotgun and antique cannon means a destructive device defined in paragraph (3) of subsection c. of this section, if the rifle, shotgun or destructive device, as the case may be, is incapable of being fired or discharged, or which does not fire fixed ammunition, regardless of date of manufacture, or was manufactured before 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament or for its historical significance or value. Read more

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

Previously 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

State of New Jersey v. Gilmore: The Peremptory Strike and the Right to an Impartial Jury

State of New Jersey v. Gilmore: Procedural History

An all-white jury of six men and six women convicted defendant, a black man, of three first-degree robberies of two Hispanic gas station attendants in Union, New Jersey. During jury selection, the white assistant prosecutor removed nine black prospective jurors by challenge for cause and peremptory strike. Defense counsel, a black man, moved for a mistrial because the prosecutor removed the black venirepersons based on their race. Nevertheless, the trial judge overruled defense counsel, relying on Swain v. Alabama ¹ and State v. Smith.²

Subsequently, the Appellate Division remanded for the prosecutor to state his reasons for excusing the black jurors. Read more

Batson v. Kentucky: Racial Discrimination In Court

Peremptory 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

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