State Law Project Performance Task
CRIME:______
We have examined the basics of STATE LAW. To see specifically how our state defines crime and creates law you will investigate one specific crime in the state of New Jersey
THE LAW
The first three sections will be handed in together as part of the same document
PART 1. INTERPRETATION: Read the actual New Jersey Criminal Code (Criminology website for link). Create an interpretive statement putting the legal description into common language.
PART 2. PENALTY: Identify the penalties (degree of crime / fines / potential prison time) for your crime.
3. INTERSTATE COMPARISONS: You will then find your crime in the criminal code of another state (Criminology website for links or Google your specific crime and the name of the state) and compare them to New Jersey laws. SPECIFICALLY IDENTIFY HOW THEY ARE SIMILAR AND HOW THEY ARE DIFFERENT.
PART II: REAL NEW JERSEY CRIME
PART 3. REAL WORLD EXAMPLES: You will search NJ periodical databases (Criminology website) for two specific examples of the crime you are investigating. Download copies of the articles and summarize their content SPECIFIC TO THE LAW BEING VIOLATED.
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Article from: Jersey Journal
http://www.nj.com/news/jjournal/jerseycity/index.ssf?/base/news-11/1287728760130171.xml&coll=3
Trial postponed for taxi driver accused of false imprisonment
Friday, October 22, 2010
By MARK MAURER
JOURNAL STAFF WRITER
The trial of a Jersey City taxi driver accused of locking a 77-year-old passenger in his cab after the man insisted on paying a discounted senior fare has been postponed to Nov. 4, officials said yesterday.
Joseph Harkins, 77, of Jersey City, filed the police complaint against cabby Abzaldeen Abdalziz on Sept. 9. According to the complaint, on Sept. 8, Abdalziz had driven Harkins from Journal Square to Kennedy Boulevard near Fairmount Avenue.
At the end of the ride, the meter tabulated a $4.50 fare. But in keeping with a senior discount policy in the city, Harkins insisted on paying $2.25, reports said.
At that point, Harkins alleges, Abdalziz locked the back doors of his cab, called Harkins a "thief," and insisted Harkins pay him $4.50, according to Harkins and police reports.
Abdalziz called police to the scene, reports said. The police did not arrest the cabby and the next day Harkins filed a complaint in Jersey City Municipal Court.
Yesterday, Abdalziz initially told Judge Carlo Abad that he would defend himself, but then changed his mind, which prompted the court to postpone the case.
The maximum penalty for conviction on a false imprisonment charge is 180 days in prison and a $1,000 fine, Abad said.
SUMMARY: Abzaldeen Abdalziz refused to let Joseph Harkins out of his cab after Mr. Harkins refused to pay the full fare for his ride. Although Mr. Abdalziz might have had a legitimate claim against Mr. Harkins the crime of false imprisonment in the state of New Jersey requires that Mr. Abdalziz, “knowingly restrained another unlawfully so as to interfere substantially with his liberty” . In this case by not letting Mr. Harkins out of his cab Mr. Abdalziz did indeed substantially interfere with Mr. Harkins liberty.
2. DEFENSE: Every person charged with a crime is entitled to defend themselves in court. Choose one of your articles and use the facts presented to assume the position of defense attorney for the victim. Your interpretation of facts of the case should suggest that the charges may not be valid. Use your knowledge of the criminal code to show the possible inconsistencies.
THE KEY TO SUCCESS IS FOR YOU TO DEMONSTRATE YOUR KNOWLEDGE OF THE LAW TO SUPPORT YOUR POSITION.
Article from: Jersey Journal
http://www.nj.com/news/jjournal/jerseycity/index.ssf?/base/news-11/1287728760130171.xml&coll=3
Trial postponed for taxi driver accused of false imprisonment
DEFENSE: Mr. Abdalziz was, in fact, the victim in this case. When Mr. Harkins refused to pay the whole fare he was committing robbery. Mr. Abdalziz restrained Mr. Harkins because he was being victimized and only wanted to stop a criminal act.