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D. Physical Appearance Before the Jury


Defendants who appear disheveled and dirty before
the jury through no fault of their own because the jail
refused to supply him some necessities such as food, soap,
water, a comb, and clean bedding will be entitled to a new
trail if denied a fair one and fundamental fairness. State
v. Maisonet, N.J. , ___ (2001).


JURISDICTIONJURISDICTIONJURISDICTIONJURISDICTIONJURISDICTION


(See also, APPEALS, COURTS, DISORDERLY


PERSONS, JUVENILES, VENUE, this Digest)


I. ORGANIZATION AND JURISDICTION OF


NEW JERSEY COURTS


Jurisdiction in a criminal case requires that the court
involved have jurisdiction over the defendant and the
offense. Jurisdiction over the person requires that the
defendant be brought personally before the court.
Goodlelt v. Goodman, 34 N.J. 358 (1961), cert. denied,
368 U.S. 855 (1961). Jurisdiction over the person can
be obtained by waiver. State v. Ashby, 43 N.J. 273
(1964). A court has jurisdiction over the offense when
the crime occurs within the territory in which the court
has power, State v. McDoweny, 49 N.J. 471 (1967), and
a crime is of a type over which the court has power. State
v. Smith, 6 N.J. Super. 85 (App. Div. 1949).

II. MUNICIPAL COURT (See also, DISOR-


DERLY PERSONS, this Digest)


A municipal court is a court of limited jurisdiction.
It does not have the authority to process an offense of the
third degree. A municipal court’s jurisdiction within its
geographical territory is limited to the following:


  1. Violations of county or municipal ordinances;

  2. Violations of the motor vehicle and traffic laws;

  3. Disorderly persons offenses, petty disorderly
    persons offenses and other non-indictable offenses except
    where exclusive jurisdiction is given to the Superior
    Court;

  4. Violations of the fish and game laws;

  5. Proceedings to collect a penalty where jurisdiction is
    granted by statute;

  6. Violations of laws regulating boating; and

  7. Any other proceedings where jurisdiction is granted
    by statute.


See N.J.S.A. 2B:12-17; State v. Still, 330 N.J. Super. 50,
54 (App. Div. 2000).

Municipal courts also have jurisdiction over those
crimes where punishment does not exceed a sentence of
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