Legal Question in Criminal Law in New Jersey

Defendant excluded from Jury Selection

A personal friend of mine was charged with attempted rape among other charges (he didn't do it by the way). During jury selection process, he was ordered to leave the court room while they picked jurors. His lawyer objected several times to this, but the judge over ruled and had the defendant leave.

The jury was selected, he came back in and the case proceeded. The judge's rational was that many of the jurors would get upset by the presence of the alleged.

First, is this allowed by the judge? Second, if he gets convicted does he have grounds for appeal? I've researched all over the web but can not find any reference to this situation.

Thank you for any advice.


Asked on 6/05/02, 7:34 pm

3 Answers from Attorneys

Evan Levow Lutz, Levow & Costello, P.A.

Re: Defendant excluded from Jury Selection

I have not done actual research on this issue, but I would say that is ABSOLUTE grounds for reversal of the conviction. A defendant has the right to be present for all important stages of the process, and jury selection is an incredibly important part of the process. I would assume there is case law on this, and it would be a slam dunk on the appeal. I do appellate criminal work, so if your friend does happen to get convicted, please call me immediately after the verdict. 888-777-0455. Good luck.

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Answered on 6/05/02, 10:25 pm
Durrell Ciccia Durrell Wachtler Ciccia, Esq.

Re: Defendant excluded from Jury Selection

Hello.

I have handled criminal trial and appellate matters for over a decade. You stated that: "The jury was selected, he came back in and the case proceeded. The judge's rational was that many of the jurors would get upset by the presence of the alleged. "

This is clearly a violation of the person's right to a fair trial by an impartial jury since the court has assumed that the Defendant's presence is affected the jury. I have successfully argued many improper jury selection issues and would be happy to discuss the matter further. Good Luck.

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Answered on 6/05/02, 11:11 pm
Allan Marain Law Offices of Allan Marain

Defendant excluded from Jury Selection

The actions of the judge that you describe are improper, and grounds for reversal.

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Answered on 6/06/02, 6:49 am


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