Tuesday, November 15, 2011

The Laws of New Jersey

Having had some time to think, I am becoming less confused as far as the order in which this blog should seek to share my story and impart what I have learned.

The story entails how I was falsely arrested while I was a patron of an Atlantic City casino.  I was imprisoned by casino security for more than an hour and a half.  When the Division of Gaming Enforcement officer arrived he did nothing to protect my civil rights, but proceeded to do the casino's bidding.

So how does one protect his or herself from being falsely arrested, falsely imprisoned and or having their civil or constitutional rights violated while patronizing a casino?  DA! You know the law.

Once more, when most of us think of the law we think of rules and regulations. What we should not do or we're subject to penalty, right?  For those gaming in New Jersey the State has the "New Jersey Code of Criminal Justice."  These are New Jersey's laws that define offenses within the state of New Jersey.  They are sometimes called the "2C" laws and there are various ways that these laws may be cited. (When one wants to state what a statute, constitution, or case law says its called "citing")

To ensure that we get off to a good start and understand the same things and stay on the same page let me further tell you that there are various way to abbreviate statutes and case laws when citing them.  For instance the New Jersey Code of Criminal Justice (N.J.C.C. J.), which is a New Jersey Statute (N.J.Stat.) and can be cited from an annotated book of law, which means that that book gives the reader further research materials as far as the statutes history, and citings in case laws and yields and abbreviation of (N.J.S.A.)

When it comes to the protection of ones civil and constitutional rights it is important to remember a new definition of the law, which I learned to be the combination of the Constitutions, Statutes, Regulations and Administrative Codes of the jurisdiction you are in. Said jurisdiction descending from the Nation, State, County and down to the City or Municipality if you are in the United States of America. (Yeah! Baby, I'm not international so you'll have to shag with some other oracle outside the U.S.)

Most laws are divided into subsection, of which the subsections can contain subsections. In our example, the  purpose of New Jersey code of criminal justice is found within 2C:1-2(a), which is the first of its four subsections (a) through (d). 2C:1-2(a) has six subsection before you reach 2C:1-2(b). So let's look at N.J.S. 2C:1-2(a), holding:
2C:1-2. Purpose; Principles of Construction.
(a) The general purpose of the provisions governing the definition of offenses are:
(1) To forbid, prevent, and condemn conduct that unjustifiably and inexcusably inflicts or threatens serous harm to individual or public interests:
(2) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted and their confinement when required in the interests of public protection:
(3) To subject to public control persons whose conduct indicates that they are disposed to commit offenses:
(4) To give fair warning of the nature of the conduct proscribed and of the sentence authorized upon conviction:
(5) To differentiate on reasonable grounds between serious and minor offenses: and
(6) To define adequately the act and mental state which constitute each offense, and limit the condemnation of conduct as criminal when it is without fault.

This writer feels that one,  if not the key purpose of the above Statute is to "give fair warning," which is found at N.J.Stat. 2C:1-2(a)(4). I think that you as well as others would agree that all laws are meant to give warning. Right?

Ok, lets take a look and or learn what another law says, and this time lets find out how the New Jersey Code of Criminal Justice relates to gaming.  New Jersey Code of Criminal Justice or N.J.Stat. 2C:37-8 holds: "2C:37-8.  Gambling Offenses; Jurisdiction. All offenses under this chapter shall be prosecuted in the Superior Court." To this writer that means that if you commit a gambling offense you can expect to appear before a Superior Court judge. Do you agree?

New Jersey Code of Criminal Justice, or N.J.Stat. 2C:37-9 holds: "2C:37-9.   Nonapplicability.  Nothing in this chapter shall be construed to prohibit any activity authorized by the "Casino Control Act."

Hence for this posting I have imparted that one gaming in an Atlantic City casino is due the protection of being warned of the State of New Jersey's definition of a criminal offense.  I have directed your attention to the fact that if you commit a gambling offense you will be brought before a Superior Court judge. Lastly this posting cites that New Jersey Code of Criminal Justice does not prohibit any act authorized by the Casino Control Act.  (See full text of New Jersey laws at "Source Links" to the right, click "Law by State")

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