by Fred Sisto | Sep 1, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Chief Justice Rabner continued in relevant part: Batson and Gilmore address purposeful racial discrimination in jury selection. Yet parties may not be aware of their own biases. Justice Marshall highlighted the concern of implicit bias in a concurring opinion in...
by Fred Sisto | Aug 30, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: Under the Equal Protection Clause of the United States Constitution, no citizen can be excluded from jury service on account of race. See Batson, 476 U.S. at 84. In Batson, the Supreme Court outlined an analytical framework to...
by Fred Sisto | Aug 28, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: New Jersey today allows for the highest number of peremptory challenges in the nation — more than double the national average — based on a statute enacted in the late 1800s. Yet, as the United States...
by Fred Sisto | Aug 26, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Chief Justice Rabner continued in relevant part: The jury convicted defendant. The Appellate Division reversed and remanded for a new trial. 462 N.J. Super. 537, 563 (App. Div. 2020). The Court granted certification. 244 N.J. 170 (2020). Courts, not the parties,...
by Fred Sisto | Aug 24, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: Defense counsel stated that “it is not a hidden fact that living in certain areas you are going to have more people who are accused of crimes, more people who are victims of crime,” and that “to hold it against F.G. that these...