Definitions for Prostitution, N.J.S.A. 2c:34-1

Definitions for Prostitution

definitions for prostitution, N.J.S.A. 2c:34-1The New Jersey Code of Criminal Justice provides the following definitions for prostitution.

Prostitution is

  • sexual activity with another person in exchange for something of economic value, or
  • the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.

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Criteria for Imprisonment, N.J.S.A. 2c:44-1

criteria for imprisonment, sentencing factors, aggravating factors, mitigating factors, N.J.S.A. 2c:44-1, new jersey, criminal defense, attorney, lawyerNew Jersey law enumerates specific criteria for imprisonment. Furthermore, these criteria apply to every defendant convicted of an offense. Recently a man appeared in Mercer County Superior Court for an assault sentence, per nj dot com. But before the court imposed the sentence, the victim gave an impact statement. Describing herself as “almost dead,” she called the assault “senseless,” and said “every day” she thinks about it. Additionally, prosecutors said the defendant argued with his girlfriend, picked up a kitchen knife, and stabbed her several times. Ultimately, Read more

Invasion of Privacy, N.J.S.A. 2c:14-9

Narrative

Invasion of Privacy, N.J.S.A. 2c:14-9, new jersey, criminal defense, attorney, lawyerOn January 4, 2017, a New Jersey man admitted in Morris County Superior Court to secretly recording women with his iPhone during consensual sex. The Prosecutor’s Office had filed a 17-count indictment against him for Invasion of Privacy, Witness Tampering, and Child Endangerment. Under the negotiated agreement, however, he pleaded guilty to six counts of Invasion of Privacy.

Consequently, he admitted to recording the women’s intimate parts or as they engaged with him in sexual acts. He also admitted he recorded the women without their knowledge, per dailyrecord dot com. Furthermore, Read more


General Requirements of Culpability, N.J.S.A. 2c:2-2

This is the final post in a series on the mental culpability element in criminal law. The previous posts addressed the common law and the Model Penal Code (“MPC”). Those posts are available here, here, and here. This post, however, will discuss statutory reform and New Jersey’s adoption of the MPC in the New Jersey Code of Criminal Justice. Furthermore, this post will focus on the General Requirements of Culpability under New Jersey law. Read more


Mens Rea: What is it and why does it matter?

Criminal Intent

mens rea, criminal intent, specific intent, general intent, malum prohibitum, malum in seI listened to the podcast below, featuring Robert Alt of the Buckeye Institute in Ohio, with great interest. Indeed, Alt focused on a topic that the academy discusses extensively, mens rea (or criminal intent).Alt addressed a specific problem of modern penal laws, which he refers to as malum prohibitum. In particular, Alt spoke about modern criminal laws defined without the element of criminal intent. Although strict liability regulations may appeal to lawmakers, they can yield absurd and devastating results. Alt illustrated the point Read more

Historical Analysis of the U.S. Constitution

Understanding The Bobbitt Modalities

historical analysis of the u.s. constitution, second amendment, right to keep and bear arms, textualism, orignialism, judicial precedent, new jersey, criminal defense, juvenile defense, attorney, lawyerProf. Philip Bobbitt taught different approaches for interpreting Constitutional Law. These modalities include Textualism, Originalism, Judicial Precedent, and Historical Analysis of the U.S. Constitution.

  • Textualism – This modality determines word meaning in their immediate context. It is persuasive because the meaning of these words and their meaning are directly and immediately relevant to the court. But one weakness is this ignores other contextual clues.
  • Originalism – This modality involves the meaning of words to the people who wrote them. Indeed, Justice Antonin Scalia championed this modality in his jurisprudence. Read more

Criminal Trespass, N.J.S.A. 2c:18-3

criminal trespass, N.J.S.A. 2c:18-3Once upon a time, Americans could rely on the news for objective reporting of events—but nowadays, not so much. For example, nj dot com passed off yet another press release from the cops as the news.1 I addressed this practice previously here and here. Indeed, the site ran a story submitted by the Spring Lake Police Department. And this one involved a man charged with criminal trespass, burglary, and attempted burglary. So, when did the government become a trustworthy and objective source of information? For that matter, why has the site withheld byline credit from the officer who wrote the news release? Read more