remove an obstacle to a defendant’s pleading guilty to a
criminal charge.”)
N.J.R.E. 803(c)(22) establishes an exception to the
hearsay rule and provides: “evidence of a final judgment
against a party adjudging him guilty of an indictable
offense ... [is admissible] as against that party, to prove
any fact essential to sustain the judgment.” In Sassano v.
BLT Discovery, Inc., 245 N.J. Super. 539 (App. Div.
1991), two individual defendants had been tried and
found guilty by a jury in related criminal matters while
the civil case was pending. One of the defendants died
before sentencing. The Appellate Division held that the
guilty verdict was not a final judgment of conviction and
could not be admitted into evidence in the civil case
against the deceased individual defendant. Id. at 546-
548.
JURIESJURIESJURIESJURIESJURIES
I. RIGHT TO JURY TRIAL
A. Generally- See N.J.Const.1947, art. 1, ¶s 9 and 10.
- Defendant is entitled to an impartial jury, not to
one considered most favorably disposed. State v. Ramseur,
106 N.J. 123, 215-16, 242-43 (1987); State v. Bisaccia,
319 N.J.Super. 1, 12 (App. Div. 1999). - When a crime carries a sentence greater than six
months, it is considered a serious crime requiring a jury
trial. Codispoti v. Pennsylvania, 418 U.S. 506, 511
(1974); State v. Apprendi, 304 N.J.Super. 147, 160 (App.
Div. 1997) (Stein, J., concurring), aff’d, 159 N.J. 7, rev’d
o.g., 530 U.S. 466 , 120 S.Ct. 2348, 147 L.Ed. 2d 435
(2000). - Absent legislative mandate, the right to a jury trial
is confined to those matters where it existed under
common law. GEI Int’l Corp. v. St. Paul Fire and Marine
Ins. Co., 287 N.J.Super. 385, 392 (App. Div. 1996), aff’d
149 N.J. 278 (1997). - Defendants may waive a jury trial on notice to the
prosecutor and with the trial court’s approval, except in
capital cases where the State does not consent. N.J.S.A.
2C:11-3c(1); R. 1:8-1(a); State v. Radziwil, 235
N.J.Super. 557, 571-72 (App. Div. 1989), aff’d o.b. 121
N.J. 527 (1990). However, defendant must personally,
or in writing, waive the right to a jury trial under the court
rule. State v. Mazza, 330 N.J.Super. 467, 471-72 (App.
Div. 2000); State v. Wyman, 232 N.J.Super. 565 (App.
Div. 1989).
B. No Right to a Jury Trial- Juvenile cases. State in re J.W., 57 N.J. 144, 145-
46 (1970); State in re J.S., 272 N.J.Super. 338, 345 (Law
Div. 1993). - Summary criminal contempt proceedings where
punishment is less than six months imprisonment or fine
of $1,000 or both. State v. Hamm, 121 N.J. 109, 112
(1990), cert. denied, 499 U.S. 947 (1991); In re Yengo, 84
N.J. 111, 120 (1980); Matter of Daniels, 219 N.J. Super.
550 (App. Div. 1987), aff’d, 118 N.J. 51, cert. denied,
498 U.S. 951, 111 S.Ct. 371, 112 L.Ed.2d 333 (1990).