New Jersey
N.J. Supreme Court upholds defendants’ rights in case testing statutes of limitations in DNA crimes – New Jersey Monitor
Authorities have 5 years to prosecute crimes involving DNA proof as soon as they possess each bodily proof and a suspect’s DNA, the New Jersey Supreme Court docket dominated Thursday in a case testing state legislation on the statutes of limitations in crimes.
Any delays in lab testing or “lack of readability” in official insurance policies on DNA samples don’t give the federal government extra time to prosecute past what state statute permits, the courtroom mentioned in a unanimous opinion written by Justice Fabiana Pierre-Louis.
The ruling reverses the conviction of Bradley Thompson, who was convicted in a 2001 Camden County sexual assault 16 years after the assault, in line with the ruling.
Police had DNA proof from the sufferer inside a day of the assault and picked up a DNA pattern from Thompson in an unrelated matter in 2004. However a federal database on the time had completely different insurance policies then on what knowledge was entered into the system, so no match was detected, in line with the opinion.
In 2010, the FBI expanded what knowledge from DNA samples it allowed investigators to enter into its database, however the New Jersey State Police Lab didn’t replace its insurance policies to replicate the FBI’s change in steering for one more six years, in line with the opinion.
Because of the change, state police in 2016 found a match between Thompson’s pattern and the 2001 assault, and police charged Thompson with aggravated sexual assault, housebreaking, and associated offenses.
He was convicted in 2017 of lesser offenses, fourth-degree legal sexual contact and fourth-degree legal trespass. He had fought the fees even earlier than trial, arguing the five-year statute of limitation on the crimes had run out. He was sentenced to 33 months in jail however appealed his conviction.
An appeals courtroom affirmed the conviction. The Supreme Court docket’s determination reverses it.
Pierre-Louis mentioned statutes of limitations are supposed to guard defendants from having to defend themselves after recollections have light, witnesses have died or disappeared, and proof has been misplaced.
The statute of limitations for a lot of crimes in New Jersey is 5 years, and the clock begins ticking the day after the crime. However in crimes involving DNA proof, the clock doesn’t begin till authorities are in possession of each the bodily proof from a criminal offense and the DNA of a suspect.
In Thompson’s case, authorities had possession of his DNA in 2004 — and have been put “on discover” in 2010 of the expanded DNA knowledge they may take a look at, Pierre-Louis wrote. The match was not found till 2016.
In her ruling, Pierre-Louis parsed phrases in state legislation on the statute of limitations like “possession,” citing Merriam-Webster’s and different dictionaries.
“A plain studying of the statute results in the conclusion that the statute of limitations begins to run precisely because the statute directs — when the state possesses each the bodily proof from the crime and a suspect’s DNA pattern, not when a match happens. That studying appropriately construes narrowly the exception to the five-year limitations interval,” she mentioned. “And a opposite studying would basically endorse inaction by a prosecution geared up with all the required elements to establish a suspect, a studying that can not be reconciled with the protecting objective of a statute of limitations.”
Legal professional CJ Griffin, who filed an amicus transient on behalf of the Affiliation of Prison Protection Attorneys of New Jersey, applauded the ruling as a victory for defendants’ rights.
“It’s a matter of basic equity,” Griffin mentioned. “The courtroom utilized a plain studying of the statute. The state had the potential to make the match a few years sooner, however failed to take action. We now have statute of limitations for a cause and the state did not abide by it, thus a reversal was the required consequence.”
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New Jersey
Drones banned in parts of New Jersey for one month unless issued permission
The Federal Aviation Administration has issued a one-month ban on drone operations in certain areas of New Jersey, unless operators receive special permission from the government due to “special security reasons”.
This comes as dozens of night-time drone sightings have been reported across New Jersey and other states along the eastern coast of the US over the last several weeks.
The sightings have occurred in residential areas as well as near a military research and manufacturing facility, causing panic among local residents and sparking various conspiracy theories about their origins.
The FBI, Department of Homeland security, and other government agencies and officials have repeatedly said that there is no evidence of a threat to public safety.
On Wednesday, the FAA implemented temporary flight restrictions prohibiting drones that have not been authorized by the government in parts of New Jersey. The ban will remain in effect until 17 January and is in effect for areas including Bridgewater, Cedar Grove, North Brunswick, Metuchen, Evesham, Elizabeth, Jersey City and more.
The restrictions state that no unmanned aircraft systems (UAS) are allowed to operate within one nautical mile of the specified airspace, including from the ground up to 400ft above ground level.
Pilots who do not comply with these restrictions may be intercepted, detained, and questioned by law enforcement or security personnel, according to the Notice to Air Mission statement.
The government may also use “deadly force” against the drones if they pose an “imminent security threat” it adds.
Since reports of drones started coming in, the FBI set up a hotline to address the drone sightings, and have said that they are looking into and investigating the reports.
Federal agencies also deployed advanced detection technology to the regions where the drones are being spotted as well as trained visual observers.
Of the over 5,000 reported sightings so far, about 100 required further investigation, the federal bureau said. A Department of Homeland Security official echoed previous statements from federal agencies, stating again this week that there is no evidence of a threat to public safety.
On Tuesday, the FBI, Department of Homeland Security, Department of Defense, and Federal Aviation Administration issued a joint statement, stating that after examining “the technical data and tips from concerned citizens” they “assess that the sightings to date include a combination of lawful commercial drones, hobbyist drones, and law enforcement drones, as well as manned fixed-wing aircraft, helicopters, and stars mistakenly reported as drones”.
The agencies noted there are over one million drones registered with the FAA in the US, and that thousands of commercial, hobbyist and law enforcement drones fly in the sky lawfully on any given day.
“We have not identified anything anomalous and do not assess the activity to date to present a national security or public safety risk over the civilian airspace in New Jersey or other states in the northeast,” the statement reads.
The agencies also addressed concerns about drone sightings over military facilities, including restricted airspace, which have sparked local worries and stirred up conspiracy theories online.
“Such sightings near or over DoD installations are not new” the agencies said. “DoD takes unauthorized access over its airspace seriously and coordinates closely with federal, state, and local law enforcement authorities, as appropriate.”
“Local commanders are actively engaged to ensure there are appropriate detection and mitigation measures in place,” they stated.
The agencies acknowledged community concerns about drone sightings and pledged to continue to support state and local authorities “with advanced detection technology and support of law enforcement”.
They also urged Congress to enact counter-drone legislation that would “extend and expand existing counter-drone authorities to identify and mitigate any threat that may emerge”.
On Wednesday, the US Senate reportedly rejected a proposal to fast-track a bill, supported by Chuck Schumer, the Democratic Senate majority leader, and others, that Schumer says would expand government authority to conduct drone detection among other things.
Republican Senator Rand Paul blocked the measure, Reuters reported, arguing it would give the government excessive surveillance power and that Congress should not rush into legislation.
This week, Joe Biden addressed public concerns regarding the increase in reports of sightings of drones and other aerial objects in the skies, stating that there was nothing alarming about the increased reports.
“Nothing nefarious apparently, but they’re checking it all out,” the president told reporters. “We’re following this closely, but so far, no sense of danger.”
John Kirby, the White House national security communications adviser, has also said that the drones are not a national security or public safety risk.
New Jersey
2 porch pirates caught twerking on doorbell camera in New Jersey
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New Jersey
New Jersey weighs making underage gambling no longer a crime
TRENTON (AP) — Should underage gambling no longer be a crime?
New Jersey lawmakers are considering changing the law to make gambling by people under the age of 21 no longer punishable under criminal law, making it subject to a fine.
It also would impose fines on anyone helping an underage person gamble in New Jersey.
The bill changes the penalties for underage gambling from that of a disorderly persons offense to a civil offense. Fines would be $500 for a first offense, $1,000 for a second offense, and $2,000 for any subsequent offenses.
The money would be used for prevention, education, and treatment programs for compulsive gambling, such as those provided by the Council on Compulsive Gambling of New Jersey.
“The concern I had initially was about reducing the severity of the punishment,” said Assemblyman Don Guardian, a Republican former mayor of Atlantic City. “But the fact that all the money will go to problem gambling treatment programs changed my mind.”
Figures on underage gambling cases were not immediately available Thursday. But numerous people involved in gambling treatment and recovery say a growing number of young people are becoming involved in gambling, particularly sports betting as the activity spreads around the country.
The bill was approved by an Assembly committee and now goes to the full Assembly for a vote. It must pass both houses of the Legislature before going to the desk of the state’s Democratic governor, Phil Murphy.
The council said recently that it conditionally supports the bill but has concerns about it.
SEE ALSO: Hostile takeover of NJ police department is illegal, court rules
Luis Del Orbe, the council’s acting executive director, said he is glad it will provide funding for gambling treatment and education programs. But he said fines alone are not enough without mandating education about problem gambling. He asked that such a requirement be added to the bill.
“When a young person is ‘fined,’ who actually pays the fine?” he asked.
In a statement submitted to the Assembly panel, the council said, “More and more of New Jersey citizens need help due to the ongoing expansion of gambling opportunities, and it is anticipated that the demand will only continue to grow. There is also an urgent need for expanded education and awareness about the harms that can come of gambling, particularly with respect to youth.”
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21 top spots to take a first-time visitor to New Jersey
Someone from out-of-state, or maybe even out of the country, is visiting New Jersey for the first time. Where do you take them? After grabbing a bagel and before chowing down on a slice of Jersey pizza, be sure to treat your out-of-town guest to a day in the Garden State with some of these places in mind.
Gallery Credit: Jen Ursillo
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These are the 10 most expensive ZIP codes in New Jersey, based on the median sale prices of homes, according to PropertyShark.
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Celebrities who vowed to leave the United States after the election
Rumors are flying that Bruce Springsteen has vowed to leave the country if Donald Trump wins the 2024 election. He didn’t say it.
But false promises of leaving the country if a celebrity didn’t get their way has been a real thing and not always said in jest.
Here’s a list of famous people who promised to leave the country if Trump were elected. I hope you didn’t bet money on them leaving since none did.
Gallery Credit: Jeff Deminski
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