Criminal Law Blog
Facebook and the Wiretap Statute (Part 3)
The New Jersey Supreme Court continued in relevant part: Federal law authorizes government entities to require disclosure of a communication “that is in electronic storage” for 180 days or less pursuant to a warrant, or that “has been in electronic storage” for more...
Facebook and the Wiretap Statute (Part 2)
Chief Justice Rabner continued in relevant part: Based on the language and structure of the relevant statutes, the State’s request for information from users’ accounts invokes heightened privacy protections. The nearly contemporaneous acquisition of electronic...
Facebook and the Wiretap Statute (Part 1)
On June 29, 2023, the New Jersey Supreme Court decided the consolidated Mercer and Atlantic County cases of Facebook v. State of New Jersey. The principal issue before the Court concerned whether a wiretap order was required to compel Facebook to disclose user account...
Criminal Facilitation and the First Amendment (Part 4)
The United State Supreme Court majority concluded with the following in relevant part: Since “encourages or induces” draws on the same common-law principles, clause (iv) also incorporates a mens rea requirement implicitly. Finally, it bears emphasis that the canon of...
Criminal Facilitation and the First Amendment (Part 3)
The Supreme Court majority continued in relevant part: Statutory history is an important part of the relevant context. When Congress enacted in 1885 what would become the template for clause (iv), it criminalized “knowingly assisting, encouraging or soliciting”...
Criminal Facilitation and the First Amendment (Part 2)
The United States Supreme Court majority continued in relevant part: Neither requires lending physical aid; for both, words may be enough. And both require an intent to bring about a particular unlawful act. The terms “encourage” and “induce,” found in clause (iv),...
Criminal Facilitation and the First Amendment (Part 1)
On June 23, 2023, the United States Supreme Court decided the case of U.S. v. Helaman Hansen. The principal issue before the Court concerned the constitutionality of a statute concerning the inducement of an alien to unlawfully enter the United States. Justice Barrett...
Parole Conditions (Part 3)
Justice Faciale continued in relevant part: The Parole Board and Appellate Division concluded that the language “include, among other things,” in (b)(1)(a) should be read expansively to authorize the requirement that Williams reside at the RTP. In J.K. v. State Parole...
Parole Conditions (Part 2)
The New Jersey Supreme Court continued in relevant part: The Parole Board cannot mandate participation in an RTP for inmates administratively paroled under the EYWO Act. Although N.J.S.A. 30:4-123.59 generally authorizes the Parole Board to impose parole conditions on...
Parole Conditions (Part 1)
On August 3, 2023, the New Jersey Supreme Court decided the case of Leander Williams v. New Jersey State Parole Board. The principal issue concerned whether the parole board could mandate participation in adult residential treatment program for inmates paroled under...