Eluding under N.J.S.A. 2c:29-2(b)

Two teens allegedly fled police in a stolen vehicle and disappeared on a private school campus in Hightstown, New Jersey. One suspect according to the media allegedly drove the vehicle recklessly and fled from police in the automobile. Next, after crashing at the school, the pair ran onto campus and disappeared after hopping a fence, according to the press. Eventually officers arrested them hiding on the roof, according to nj dot com. Consequently, police charged the older suspect with Eluding, according to media reports, among other allegations. Read more

Unlawful Possession of a Weapon, N.J.S.A. 2c:39-5

Poetic Injustice

Do you remember when cops charged Josh Huff after a stop in New Jersey on the Walt Whitman Bridge? Consequently, charges against the former Philadelphia Eagles Wide Receiver included, among other crimes, second degree unlawful possession of a weapon. Additionally, in unrelated news, cops charged a Bayonne man with drug possession and weapons offenses, per the news. Indeed, the authorities charged him with possession of heroin and cocaine, and possession with intent to distribute. Furthermore, they charged him with possession within 1,000 feet of a school, and possession within 500 feet of public property. Moreover, they charged him with possession of weapon for unlawful purpose and unlawful possession of a weapon, a hatchet. Read more

Burglary under N.J.S.A. 2c:18-2

The investigation of a November 1st breaking-and-entering by East Greenwich police resulted in charges against Daniel E. Holmes. The burglary allegedly occurred in Clarksboro, New Jersey, at a Heritage’s store on Kings Highway, according to nj.com. Apparently police responded to the scene for an alarm activation, and found the store’s front glass door smashed with a brick. Cigarettes were the only items stolen, according to the media.

Consequently, local authorities charged Holmes with burglary as well as other crimes, according to the press. Additionally, authorities believe Holmes allegedly participated in other recent smash-and-grab Read more

Lessons in business … from prison, with Jeff Smith

Go Big or Go Home

In 2004 as a newcomer to a career in politics, Jeff Smith ran for United States Congress. Go big or go home, right? Subsequently, Mr. Smith lost his bid in the primary election for the House of Representatives in Washington. But only by a narrow margin. Additionally, Smith’s grass roots campaign doubled as a documentary about American politics, “Can Mr. Smith Get to Washington Anymore?”
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Grand Jury Indictment In New Jersey

New Jersey Grand Jury Charge

In addition to reading this post, please watch this video from the New Jersey Judiciary about the Grand Jury Indictment.

Constitutional Right To Grand Jury Indictment

The New Jersey Constitution prohibits the prosecutor from filing criminal charges in Superior Court without approval of the Grand Jury. Therefore, the requirement for the government’s executive branch to file a grand jury indictment is an individual right. This does not apply, however, to every complaint filed in municipal courts across the state.

Thus, the N.J. Constitution provides,

“No person shall be held to answer for a criminal offense, unless on the ‎presentment or indictment of a grand jury…” N.J. Const. art. 1, ¶ 8 (emphasis added).

“In all criminal ‎prosecutions the accused shall have the right . . . to be informed of the nature and cause ‎of the accusation…” N.J. Const. art. 1, ¶ 10 (emphasis added).

What does the right to Grand Jury Indictment mean?

How to Combat Modern Slavery

The Thirteenth Amendment Condones Slavery.

Though surprising, the text of the Thirteenth Amendment clearly states circumstances when slavery is legal. Indeed, it is an exception to the general abolition of slavery and indentured servitude under the Thirteenth Amendment. It provides as follows:

U.S. Const. amend. XIII, § 1.: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

U.S. Const. amend. XIII, § 2.: “Congress shall have power to enforce this article by appropriate legislation.”

Freedom of Speech and Expression

The First Amendment to the United States Constitution guarantees freedom of speech and expression. Restricting government interference, it provides, “Congress shall make no law . . . abridging the freedom of speech . . . .” U.S. Const. amend. I. Though originally limiting the powers granted to Congress in Article I, courts apply the First Amendment to the States. Gitlow v. New York, 268 U.S. 652 (1925) (incorporating freedom of speech into the Fourteenth Amendment). This limits ‎federal and state control over speech in the “public forum.” Sidewalks, streets, and other publicly owned areas comprise the “public forum.” Thus, the law secures the right to Read more

Distracted Driving: Nationally and in New Jersey

What is “distracted driving?”

Distracted driving may be defined as multi-tasking while operating a moving motor vehicle. The National Highway Transportation Safety Agency (NHTSA) defines distraction in this context as

“anything that diverts the driver’s attention from the primary tasks of navigating the vehicle and responding to critical events. To put it another way, a distraction is anything that takes your eyes off the road (visual distraction), your mind off the road (cognitive distraction), or your hands off the wheel…” (emphasis added). Read more

“You The Juror”—NJ Judiciary Juror Orientation Video

Not Just Any Other Day

In 2013 the New Jersey Superior Court summoned me for jury duty. Outside the Jury Orientation Room, I noticed many of the hundreds assembled had found seats. Meanwhile, many others in the crowded room were standing. Surprisingly, court staff did not play “You The Juror,” the New Jersey Judiciary Juror Orientation Video.

Instead, a single staff member addressed the group. She did not have a microphone or amplification equipment.

I wondered whether this government employee was aware of a simple truth: jurors feel nervous about jury duty. Read more

The Four Sources of Juror Lists in New Jersey

“The human animal differs from the lesser primates in his passion for lists.”

You received the juror questionnaire and summons in the mail. After reviewing and answering the questions, you returned them to the court. Along the way, did you wonder how the court tracked down you for jury duty? In our day and age, with scarce privacy and anonymity, this appears to be a reasonable question to ask. Indeed, the author of the above quote, H. Allen Smith had the right idea. The answer is juror source lists. Read more

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