“Covid-19 has created an ongoing health crisis of enormous proportions for all of society — including individuals held in jail,” wrote Chief Justice Stuart Rabner in the court’s opinion. One of the specific issues that Chief Justice Rabner spoke to was the need for lower courts to consider the person’s general health and consider whether the detainee’s health has deteriorated since their original hearing. By attuning to this trajectory, the courts can determine whether a person is at a higher risk for illness from Coronavirus based on their immune system’s strength and not only their general health.
One of the biggest issues facing the courts and those being detained awaiting trial is that the flow of cases moving through the courts had come to a standstill and then trickled due to Coronavirus, creating a heavy backlog. As a result, all seven New Jersey Supreme Court judges agreed that lower courts would need to consider allowing those awaiting trial who have already spent six months in jail to go free for the time being if they have been accused of a minor crime. Those facing murder charges or life imprisonment would not be considered for release until the start of their trial, even those at greater health risk. The high court highlighted that those with health risks who had committed a minor crime should be considered especially for release.
The time frame within which a trial usually begins – and therefore the amount of time a person would generally be detained if they posed a risk of running from the law or hurting someone – is six months. Because of the backlog, nearly 5,000 people are in jail, some of them approaching or exceeding that traditional six-month mark.
The American Civil Liberties Union argued that anyone who has been in jail for at least six months and has a charge pending of a second-degree offense or less should be released. First- and second-degree offenses include robberies, assaults, and arsons, among other minor offenses. While the seven New Jersey Supreme Court judges agreed on the six-month mark as a marker for release, they did not agree with the ACLU on the specific people to be released, noting that not all second-degree offenses are the same. As such, some of those accused of committing such crimes pose more of a threat to the public than others.
Alexander Shalom, an attorney representing the New Jersey chapter of the ACLU, said in a statement that even though the judges did not rule in favor of releasing all nearly 650 people detained while awaiting trial of second-degree or minor crimes, the group was “gratified that the court recognized a desperate need to address the crisis.” He continued, “With this ruling, the court will ensure that people have some way to challenge their prolonged confinement in an unprecedented environment.”
New Jersey has a highly punitive justice system, but it has also housed many of the country’s most progressive rulings recently. For example, Governor Phil Murphy signed into law a bill at the beginning of 2020 that made it easier for inmates to maintain contact with their children and rendered shackling devices and solitary confinement for pregnant inmates illegal, while other recent laws have released many juveniles and inmates serving for minor crimes from jail.
The highly experienced New Jersey Criminal Law at The Montanari Law Group regularly assists clients in Passaic and Essex counties with expungements, municipal court, and other criminal law matters. With offices in Little Falls, we are honored to serve as trusted legal resources for surrounding communities.
Our commitment to excellence permeates our firm and is reflected in the personalized service and superior outcomes we regularly deliver to our clients. If you have questions about your personal case, contact us today at 973-233-4396 for a free consultation.
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