As college students begin returning to their respective schools for the Spring 2020 semester, the New Jersey Legislature is considering laws targeted at fraternity/sorority activities that endanger the health and safety of students on college campuses, such as hazing.
The laws, prompted by the 2017 hazing-related death of Tim Piazza, a 19-year-old student at Penn State, would elevate the penalties for hazing activities. » Read More
The Supreme Court of New Jersey recently issued an opinion requiring probable cause to issue a search warrant for weapons in domestic violence cases. » Read More
On August 23, 2019, Governor Phil Murphy signed a significant new law requiring the installation of ignition interlock devices for all first-time DWI offenders. » Read More
In a recent criminal matter, State v. Green, the New Jersey Supreme Court ruled that the defendant’s two prior driving while intoxicated (DWI) convictions were not admissible in evidence at his trial. Defendant Green was charged with first-degree vehicular homicide while intoxicated when he struck and killed a pedestrian at an intersection within 1,000 feet of a school. » Read More
On November 13, 2018, in a unanimous decision by the New Jersey Supreme Court in State v. Eileen Cassidy (A-58-16), certain breath test results obtained using the Alcotest machine, used in over 20,000 drunk-driving convictions since 2000, were deemed inadmissible. The case arose from criminal charges brought against a State Police Alcotest coordinator who was accused of falsifying testing records on the Alcotest devices in several counties in New Jersey. » Read More
In two recent New Jersey cases, courts addressed important public interests related to the juvenile justice system.
In April, the New Jersey Supreme Court, In re State ex rel. C.K., (2018), ruled that the New Jersey Constitution was violated by a statute that permanently barred juveniles found delinquent of certain sex offenses from seeking relief from the registration and community notification provisions of Megan’s law. » Read More
On January 16, 2018, now-former Gov. Chris Christie signed legislation directing the Office of Legislative Services to prepare racial and ethnic impact statements for each proposed criminal justice bill concerning adults and juveniles. This law arose out of the Legislature’s concern with the disparity between the number of minorities in the population and the number of minorities incarcerated. » Read More
A record of arrest or conviction can be an obstacle to school, jobs, or housing. In New Jersey, an expungement can provide an opportunity for an individual charged with a juvenile or adult offense to get a fresh start. An expungement allows certain criminal records in the juvenile justice or adult system(s) to be permanently erased. » Read More
It is a bedrock principle of New Jersey Constitutional law that when the government seeks to intrude into one’s private affairs, certain Constitutional protections apply. The greater the degree of intrusion, the greater should be the level of protection. Recently, in State v. » Read More
In State v. Stein, decided on July 19, 2016, the New Jersey Supreme Court clarified that individuals charged with offenses (traffic/criminal) in municipal court are entitled to a broad scope of discovery. The Court was asked whether a municipal prosecutor must disclose all documents and information requested by defendants. » Read More