Criminal Law News
Traffic Control Enforcement using Digital Photography
The governor signed into law an amendment to Title 39 that establishes a pilot program which will permit traffic
control device enforcement to be made via digital photography at intersections. The photographs made by the cameras
would used to establish a violation of NJSA 39:4-81 and other statutes related to red lights. For purposes of this statute,
the owner and driver would be jointly and severally liable for the violation. Process in the form of a summons will be
issued by a law enforcement officer for this violation. In addition, unlike other red light violations, no motor vehicle
penalty points or insurance eligibility points will be assessed for violations enforced by way of a camera at an intersection.
Spring 2007
There have been several decisions of interest in the criminal sphere lately. These include the following:
State v. Figueroa, decided April 26, 2007, in which the New Jersey Supreme Court
reversed a conviction because the judge told a deadlocked jury that "...I got to be here tomorrow, I
got to be here Friday. I got nothing going on Saturday, and Giants are playing away on Sunday, so we
will be here as long as it takes you to go through this process." The Court held that these comments
had a coercive effect on the sole dissenting juror, who took the majority's position shortly after
the comments were made.
State v. Kearns, decided May 15, 2007, in which the Appellate Division held that
the lower court was required to impose the NERA (No Early Release Act) 85% parole ineligibility period
on a defendant whose first sentence was nothing more than probation and inpatient treatment.
State v. Burr, decided May 8, 2007, in which the Appellate Division reversed the
defendant's conviction because the lower court judge did not permit expert testimony on the impact
of Asperger's disorder to explain his criminal behavior.
Matter of the Civil Commitment of J.P., decided May 9, 2007, where the Appellate
Division Court held that a defendant who only plead to the offense of Endangering the Welfare of a
Child could be civilly committed at the end of his sentence under the Sexually Violent Predators Act.
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