Jury Selection and Background Checks (Part 3)

by | 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, oversee the jury selection process. On occasion, it may be appropriate to conduct a criminal history check to confirm whether a prospective juror is eligible to serve and to ensure a fair trial. That decision, though, cannot be made unilaterally by the prosecution. Going forward, any party seeking to run a criminal history check on a prospective juror — through a government database available only to one side — must present a reasonable, individualized, good-faith basis for the request and obtain permission from the trial judge. The results of the check must be shared with both parties and the court, and the juror should be given an opportunity to respond to any legitimate concerns raised. *That standard was not met here. Nor is there anything in the record that justified the State’s decision to selectively focus on F.G. and investigate only his criminal record. Based on all of the circumstances, the Court infers that F.G.’s removal from the jury panel may have stemmed from implicit or unconscious bias on the part of the State, which can violate a defendant’s right to a fair trial in the same way that purposeful discrimination can.

Defense counsel raised multiple serious concerns but should have leveled a more precise objection. Nonetheless, the Court cannot ignore the evidence of implicit bias that appears in the extensive record. Under the circumstances, defendant’s right to be tried by an impartial jury, selected free from discrimination, was violated. The Court therefore reverses his conviction and remands for a new trial.

The prosecution likely argued that a criminal history check is race-neutral on its face. On the other hand, if it was only conducted with regard to one black juror in a case with a black defendant and after the State failed to have the juror removed for cause, there is evidence of bias in the selection process.

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
Thank you very much for your information on DUI check points. It is a great asset to the community . 5 stars for sure!
James P
Google star 1Google star 2Google star 3Google star 4Google star 5
Not to long ago I ran into a very serious legal issue for the first time in my life, I'm closing in on 60. Needless to say I was unsure of the process. I was fortunate that a friend recommended Fred. Fred handled my case in a professional and courteous manner yet was very down to earth and straight forward. It took nearly 9 month to resolve and during that time Fred was always available to answer questions, explain the process and most of all alleviate my stress. I feel we got the best possible outcome and I would highly recommend Fred to anyone facing a legal/criminal matter
Manny P
Google star 1Google star 2Google star 3Google star 4Google star 5
Great that Fred posts DUI for Monmouth County!
David F
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently utilized his exceptional services and would highly recommend them to anyone seeking legal advice.
Mark A
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto is really an amazing attorney! Professional, knowledgeable, and effective. He made me feel comfortable in knowing he was working countless hours on my case to get me the best possible outcome. Mr. Sisto was very responsive and kept me updated with all court proceedings/updates. I am thankful to have had him represent me. I will be recommending Mr. Sisto & his firm to anyone in need. Thanks again ! Much Appreciated
Javier B
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
Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation .
Raumelis R
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto was not only a knowledgeable and excellent lawyer, he was compassionate and understanding during this difficult time. I found Mr. Sisto to always be available and he services were affordable and effective. You will not find a better lawyer.
Joseph S
Google star 1Google star 2Google star 3Google star 4Google star 5
Always up to date on with his services.
Anthony L
Google star 1Google star 2Google star 3Google star 4Google star 5
He is the best professional to have on your side taking care of your interests. Your in the best of hands.
Stuart C