In the New Jersey Code of Criminal Justice, these terms have the following definitions, unless a different meaning plainly applies:
Statute includes the Constitution and a local law or ordinance of a political subdivision of the State.
Act or action means a bodily movement whether voluntary or involuntary.
Omission means a failure to act.
Conduct means an action, omission, and Read more
North Bergen Police have asked the public to help find a man wanted for terroristic threats, and other offenses. The investigation, linked to a shooting with no actual injuries, remains under wraps, per the news. Read more
New Jersey takes the SPCA seriously. Indeed, state law makes SPCA humane law enforcement officers similar to police. First, they issue summons and make arrests. Additionally, they investigate any alleged act of animal cruelty. Furthermore, they enforce all laws for the protection of animals. Remarkably, they may possess, carry, or use a firearm while on duty or on call. I wonder how New Jersey Attorney General Law Enforcement Directive 2006-5 applies to SPCA officers. Like most New Jerseyans, however, bail bondsmen cannot get a permit to carry here. Before January 1, 2017, bail bondsmen routinely entered situations without firearms to recover ostensibly dangerous fugitives. Read more
Police in Burlington City, New Jersey, arrested a Florence man who, they allege, pistol-whipped another man. Indeed, news reports indicate the suspect struck a 51-year-old man across the face with a gun. While failing to give a motive, the cops claim the suspect “specifically targeted” the victim. Consequently, the cops charged the suspect with possession of weapons for unlawful purposes, in addition to other crimes. Read more
Earlier this year, Mount Laurel police charged the woman with stalking and harassment.
They claim to have caught the suspect smearing dog poop on a car last October, per the news.
Indeed, the cops caught her in the act in the middle of the night, per the media. ‘Twas the night before Mischief Night.
Previously, the owners had filed nine reports that someone had spread dog poop on and damaged their vehicles.
Score: Cats 1, Dogs 0 Read more
Last September, Beach Haven cops charged a man in a plastic wrap bikini, per the news. The alleged eyesore caused eyewitnesses to complain to police. While on the beach in a homemade, clear plastic wrap bikini, beachgoers allegedly saw the man’s genitals. Consequently, police charged him with lewdness. Read more
In 2012, the New Jersey Drug Court grew through a $2.5 million pilot program in three counties. This expanded the crimes that can be considered for drug court eligibility. Additionally, this made drug court mandatory for non-violent drug offenders. Furthermore, drug court costs less than imprisonment. Indeed, the state spends $42,000 annually per prison inmate. Drug courts, however, cost $11,300 per inmate, as reported by The Star Ledger.
Under the New Jersey Code of Criminal Justice, every defendant must apply for Special Probation (Drug Court) if:
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Administer means the direct application of a controlled dangerous substance or controlled substance analog, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (1) a practitioner (or, in his presence, by his lawfully authorized agent), or (2) the patient or research subject at the lawful direction and in the presence of the practitioner.
Agent means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser but does not include a common or contract carrier, public warehouseman, or employee thereof.
Controlled dangerous substance means Read more
In an unpublished opinion, the Superior Court, Appellate Division of New Jersey reversed a jury’s guilty verdict for a defendant charged with third-degree terroristic threats, second-degree burglary, and fourth degree stalking. State v. Jose Ortiz. The panel held the judge violated the doctrine of Lesser Included Offenses by failing to charge simple assault at trial.
The news story appeared on nj dot com. This post will summarize the legal doctrine the panel applied to this case. Read more
This week I blogged about Official Misconduct. Applying to any public servant, this includes
any officer or employee of government, including legislators and judges, and any person participating as juror, advisor, consultant or otherwise, in performing a governmental function, but the term does not include witnesses.”
N.J.S.A. 2c:27-1(g) (adopted from MPC § 240.0(7)).
Despite its broad sweep, the New Jersey Supreme Court recently applied it narrowly. The defendant in State v. Morrison, a volunteer EMT, worked for a private rescue squad. The squad got municipal funding for back-up emergency medical services. The Court ruled an EMT falls outside the meaning of public servant.
The court’s holding did not turn on the fact that the squad provided only back-up medical services. Instead, the court excluded any EMT squad from the term “public servant” because the service is public and private. This post will summarize the Court’s analysis. Read more