Criminal Defense Lawyers

New Jersey Law Against Corrupting or Influencing a Jury

Jury duty is a civic responsibility that all citizens may be called upon to fulfill. Serving on a jury and delivering a fair verdict is a critical part of our legal system. However, sometimes individuals attempt to improperly influence jurors. New Jersey has a law specifically prohibiting corrupting or influencing a jury, located in Section 2C:29-8 of the New Jersey Code of Criminal Justice.

This law makes it a crime to influence, obstruct, or impede the due administration of justice by attempting to affect a jury’s actions or decisions. Let’s take a closer look at what’s covered under this law, penalties for violating it, and potential defenses.

What Does the Law Prohibit?

Section 2C:29-8 prohibits a few different types of improper conduct related to juries, including:

• Communicating with Jurors: It is illegal in NJ to communicate, directly or indirectly, with a juror in an attempt to influence their official action as a juror. This includes conversations, sending letters or emails, leaving voicemails, etc.
• Influencing Juror Conduct: It is also against the law to influence, obstruct, or impede the orderly conduct of a juror in the performance of their duties. This covers a wide range of conduct meant to affect how a juror behaves during a trial.
• Retaliating Against Jurors: You cannot harm or threaten to harm a juror by any unlawful act with purpose to influence their official action as a juror, or as retaliation for something they did as a juror.
• Accepting a Bribe as a Juror: A juror cannot accept any benefit, reward, or consideration to which they are not legally entitled, in return for acting in a certain way as a juror.
• Providing Benefits to a Juror: It is illegal to confer, offer to confer, or agree to confer any benefit, reward, or consideration upon a juror to influence their official actions.
• Soliciting Benefits for a Juror: You cannot solicit, accept, or agree to accept any benefit, reward, or consideration for themselves, or another person, in exchange for influencing a juror in their official actions.

The law prohibits attempting to influence jurors both directly and indirectly. It applies to communication through third parties, as well as direct contact.

Penalties and Punishment

Violating NJ’s law against corrupting or influencing a jury is a serious criminal offense. Let’s look at the potential penalties and punishment:

• Degree of Crime: Violating this law is a crime in the third degree under New Jersey law.
• Prison Time: Third degree crimes carry a potential prison sentence of 3-5 years in New Jersey.
• Fines: A fine of up to $15,000 may be imposed. The fine can go as high as $150,000 for individuals, or $250,000 for corporations.
• Probation: Defendants may be sentenced to up to 5 years probation as part of their punishment. They have to follow strict conditions during the probation term.
• Restitution: The court can order restitution to be paid to compensate victims for any losses.
• Community Service: Community service may be mandated as part of sentencing.

Judges have discretion in sentencing. The punishment imposed depends on the specific circumstances of each case. The judge will consider details like:

• The defendant’s criminal history and background
• The severity of the conduct
• Acceptance of responsibility
• Impact on the victim
• Deterrence value for potential future offenses

Real World Examples

There have been some high-profile cases involving violations of laws prohibiting jury tampering:

• In 2011, a New Jersey appeals court upheld the conviction of a defendant who had conversed with a juror during his trial and asked to “take care of her” if he got off.
• A Texas judge was sentenced to prison in 2009 for illegally trying to influence jurors by promising them jobs and benefits.
• The Enron Broadband Services president was convicted in 2006 of obstruction of justice charges related to contacting jurors after a previous Enron trial.

The law takes violations related to jury tampering very seriously, given the fundamental role juries play in the justice system. Penalties can be severe.

Critical Role of Juries

Trial by jury is enshrined in the Bill of Rights and integral to the success of America’s judicial system. Jurors have tremendous responsibility in applying the law and determining guilt or innocence. Serving jurors make immense personal sacrifices to fulfill this vital civic duty.

Laws punishing jury tampering acknowledge the sanctity of the juror’s role. Attempting to corrupt or sway jurors erodes the impartial process that juries are sworn to uphold. By deterring misconduct and abuse, protections like New Jersey’s Section 2C:29-8 help maintain fairness and justice in all court proceedings.