This was due to the fact that defense attorneys often attempted to prove consent by showing that a victim did not resist the assault or had a sexual history suggesting that she would have consented to the sexual contact. Now, N.J.S.2C:14-2 no longer contains a requirement that the perpetrator overcame a resisting victim. Instead, in cases of forcible rape, the Code simply requires that the defendant: committed the assault during the course of certain specified felonies (N.J.S.2C:14-2(a)(3); was armed or seemed to be armed (N.J.S.2C:14-2(a)(4); acted with another and used physical force or coercion N.J.S.2C:14-2(a)(5); used physical force or coercion N.J.S.2C:14-2(a)(5) and -(1); the victim is physically or mentally incapacitated N.J.S.2C:14-2(a)(7). Therefore, the Code names a variety of situations where sexual intercourse between a victim and a defendant is rape, without evidence of any type of coercion.
Maria, a single mother, goes on her third date with John. They return to her apartment, where Maria's 4-year-old daughter is sleeping in the bedroom. Maria pays the babysitter, who returns to her own apartment in the building. Maria offers John a cup of coffee and they eventually end up kissing on the couch. John attempts to undress Maria, at which time she tells him no. John tells Maria that if she does not have sex with him, he will hurt her little daughter. Maria lays there as John has sex with her. Prior to the revisions in the Code, this act would not have been considered sexual assault, because Maria offered no active physical resistance to John's assault. However, considerable evidence...
Furthermore, Maria was concerned that resisting would lead to John harming her daughter. To require her to show resistance would have denied that John committed a crime, though it was clear that he had non-consensual sex with Maria.
The Code also enacted a "rape shield" law protecting much of a victim's sexual history from being admissible at trial, except for under extremely limited circumstances. N.J.S.2C:14-7 states that:
a. In prosecutions for aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, endangering the welfare of a child in violation of N.J.S.2C:24-4 or the fourth degree crime of lewdness in violation of subsection b. Of N.J.S.2C:14-4, evidence of the victim's previous sexual conduct shall not be admitted nor reference made to it in the presence of the jury except as provided in this section. When the defendant seeks to admit such evidence for any purpose, the defendant must apply for an order of the court before the trial or preliminary hearing, except that the court may allow the motion to be made during trial if the court determines that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence. After the application is made, the court shall conduct a hearing in camera to determine the admissibility
D.). Armed robbery is an offense carried out while in possession of a drawn weapon like gun despite of whether it was fired or not. Plea negotiation or bargaining is usually conducted in order to lessen trial expense and involves the provision of a lesser sentence by the prosecutor in exchange for admission of guilt. Pre-trial conference involves discussions between the defense, prosecutor, and judge to ascertain the need for
Criminal Justice IT It is becoming very clear how much of an impact the newest technological advances have on the world. For example, consider how quickly the information spread via the social media about Osama bin Laden's death. Technology innovations are also greatly impacting the criminal justice system in the U.S. By providing significant improvements in the way that agencies find, process, share and utilize information. With the present speed of
As practitioners of the law, court officials and subordinates are bound by the single powerful system of the law and governmental policy. Lawyers are bound by regulation rather than occupational socialization. Their interaction with the general public is also much more significant than that of the police, which provides a lower level of occupational intra-organizational loyalty than might be found among police officers. Court decisions are obliged to abide by
Criminal Justice Grade Course To be honest I tend to think that crime has been trending in the late night news since the early 90s to an extent that it has become some sort of entertainment. It is mostly featured in the prime time news as a mass magnet for news corporations which are business entities and would therefore; capitalize on the expectant audience it has attracted. A large proportion of the
Use of technology would promote public knowledge about the spread of confirmed criminal activity or patterns of behavior that might place people at risk, whether that risk involved theft, credit card scams or other behaviors (Farber, 2006). Participation in shared networking technological programs would be required of private businesses, community agencies and policing authorities to ensure a true community policing structure is established. Communities would work to create neighborhood watch
Horizontal communication is the proverbial 'grapevine' of information, such as gossip between partners. The exchange of information through horizontal channels can impact morale, but not always department policy, at least not as swiftly as in downward or even upward modes of communication. Also, although the power relationships between officers of the same rank may theoretically be clear-cut, this is not always the case -- popularity and reputation can influence