Juries and Representative Cross Sections (Part 4)

by | Oct 23, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The New Jersey Supreme Court continued in relevant part: Defendant argues that he was deprived of his constitutional rights to be present and represented by counsel during the pre-voir dire disqualification, excusal, and deferral of jurors. A defendant’s right to be present at trial and during critical stages of the adversarial process is guaranteed by the Sixth Amendment and by Article I, Paragraph 10 of the State Constitution. Reviewing the statutes that set the criteria for disqualifying jurors and that repose discretion for excusals or deferrals in the assignment judges or their designees, the Court notes that the process employed here was substantially the same as the pre-pandemic process.

Federal circuit courts have concluded that routine administrative procedures such as the statutory disqualification, excusal, or deferral of prospective jurors are not part of the true jury empanelment process and thus not a critical stage of the trial during which the parties and counsel must be present. The Court agrees. Defendant fails to provide a persuasive reason why he was entitled to be present and represented during the process of statutory qualification, excusal, and deferral set in place long prior to the pandemic. Further, defendant fails to articulate what vital information he and counsel may have gleaned from participation, given that disqualifications, excusals, and deferrals precede the revelation of any case-specific information. Nor does the Court see why an excusal based on COVID-19 should be distinguished from one based on — for example — impending surgery. The Court joins courts from other states in concluding that the pre-voir dire process of disqualifying, excusing, and deferring prospective jurors is not a stage at which defendants and counsel are entitled to be present.

The dynamic with this issue is similar to the dynamic involved with prosecutor’s failure to preserve or disclose discovery. The Court puts the burden on the defense to demonstrate that the missing information would have been helpful to the defense. However, without the information, it is impossible to do so. 

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto is very knowledgeable in the specific area of which he practices. I was beyond thankful for the end results of which could not have been achieved without Mr. Sisto's intervention.
Shawn H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is an excellent attorney. Even though we did not initiate the official pleading process, he deep dived into researching and sorted out my questions without any consultation fee. I highly recommend him!
Qianru Z
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently retained Mr. Fred Sisto to represent my son regarding a very serious legal matter. If not handled correctly these charges could have resulted in bad consequences for my son's future prospects. Mr. Sisto's knowledge of the criminal justice system is evident since he was able to get all charges dropped as well as getting them expunged from his record. If you need a criminal justice attorney who will respond quickly to all your questions and concern,as well as achieve a satisfactory solution to your case I strongly recommend Attorney Fred Sisto.
Joseph M
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a very knowledgeable and effective attorney. His knowledge of the law enables him to understand your issue, plan a strategy to address it and explain the strategy to you. He also possesses excellent communication skills that assist him interactions with other attorneys and judges.
Michael G
Google star 1Google star 2Google star 3Google star 4Google star 5
Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
Colleen H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is compassionate! His forewarning his network about DUI checkpoints are vital to public interests! He does what it NEEDED by giving us advanced notifications about avoiding situations! Thank you Fred!
Joseph R
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very content with Fred’s services. He was extremely communicative throughout the entire process and I am happy with our results.
Lidia D
Google star 1Google star 2Google star 3Google star 4Google star 5
I wholeheartedly recommend the legal services of Frederick Sisto. Mr. Sisto brings with him a wealth of knowledge, experience, and professionalism - qualities that make him highly effective at providing legal counsel.
John D
Google star 1Google star 2Google star 3Google star 4Google star 5
Great attorney, responded very quickly to our emails and calls. The office staff is attentive and knowledgeable as well. Over all a great experience. Highly recommend him.
Alexandra L
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is amazing!! Definitely recommend
Jen A