by Fred Sisto | Feb 19, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: We also disagree with defendant that Watts would have been decided differently under the recklessness standard we adopt today. Watts did not turn on the defendant’s subjective mens rea. It turned on the objective component...
by Fred Sisto | Feb 17, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Wainer Apter continued in relevant part: The State did not assert that defendant was guilty of violating N.J.S.A. 2C:12-3 because he told the police they were “causing too much chaos over here for nothing”; because he called Officer Healey...
by Fred Sisto | Feb 15, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: Defendant argues that a mens rea of recklessness could “fall short in prosecutions for abrasively criticizing officials in positions of power, who are often stand-ins for displeasure at the...
by Fred Sisto | Feb 13, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The...
by Fred Sisto | Feb 11, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On January 16, 2024, the New Jersey Supreme Court decided the Monmouth County case of State v. Calvin Fair. The principal issue under N.J.S.A. 2C:12-3 concerned the constitutionality of the terroristic threats statute under the First Amendment. Justice Wainer Apter...
