Fall 1998

You may have seen the United States Women's Hockey Team skate to a gold medal in the Winter Olympics. Maybe you wondered why the U.S. has a women's hockey team? The reason can be traced back to Title IX of the Education Amendments of 1972.

Title IX provided that no person in the United States shall be excluded, based on his or her gender, from participating in, or benefitting from any educational program or activity that receives federal funding. Because most schools receive federal funds, Title IX applies to almost every student in elementary, middle, high school and college. Before Title IX was passed, many students (mostly girls) were deprived of opportunities in the classroom and particularly in athletics that today we take for granted. One judge, in opposition to this reform, even went so far as to say that "athletic competition builds character in our boys. We do not need that kind of character in our girls." Fortunately, Congress realized that what the U.S. did not need is that kind of old-fashioned attitude.

Schools and colleges are not required to eliminate men's/boys' teams in order to comply with Title IX. In fact, Congress intended that opportunities for boys and girls be expanded so that everyone benefits. Unfortunately, the cost of complying with the equality requirements of Title IX has forced many schools to reduce or completely eliminate some programs to avoid the additional financial burden of adding new teams and programs.

As a result of Title IX, more than 100,000 women participate in intercollegiate athletics today, which is more than four times the number that competed in 1971. Women now comprise about 37 percent of college student athletes, compared with 15 percent in 1972. On the high school level, the 2.4 million girls involved in athletics today represent 39 percent of all high school athletes. Girls represented only 7.5 percent in 1971.

The fruits of Title IX can also be found for women athletes on the college level. In the mid-1970s, fewer than 50 women attended U.S. colleges and universities on athletic scholarships, compared to approximately 50,000 men. Today, college women receive about one-third of all athletic scholarship dollars.

Olympian Jackie Joyner-Kersee, winner of six Olympic medals in track and field, credits Title IX with part of her success. It was because of the legislation, passed when she was just 10 years old, that she was able to secure an athletic scholarship to UCLA.

Basketball is another example of the strides made in girls sports as a result of Title IX. Less than 135,000 girls played high school basketball in 1972. In 1994-95, the number more than tripled. Girls are also now participating in numerous other sports that were traditionally thought to be out-of-bounds for them. In addition to ice hockey, there is an increased interest from girls in lacrosse, wrestling, soccer and rugby. It is perhaps because of this increased interest in women's sports and particularly women's basketball that the new Women's National Basketball Association has been able to flourish.

The impact of Title IX is not, however, limited to sports. Equality in the classroom has been a direct result as well. In 1971, only 18 percent of all women had completed four or more years of college. Women now make up the majority of students in America's colleges and universities.

Title IX's requirement that educational opportunities be equal for both boys and girls has had a major impact on equality in the labor market. Both men and women are entering and achieving success in fields and professions that only a generation ago were thought to be closed to individuals of their gender. A recent study of female managers in Fortune 500 companies revealed that 80 percent of them have a sports background, most likely due to the advances of Title IX.

Educational and employment opportunities for all students have improved dramatically since 1972. Absolute equality between the sexes may not exist yet, but with the 25th anniversary of Title IX it is plain to see that we have come a long way.

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Jury duty. You've probably heard that term before. But do you know what it means? Perhaps your next door neighbor, teacher or your parents were called to jury duty. Jury duty can be one of those terms we hear often but know little about. What is jury duty? Why is it important? How do juries work? How are jurors chosen? Will I be called to jury duty? Each year, thousands of people serve as jurors in Superior Court, where juries hear trials involving everything from robbery and murder to car accidents and chemical spills. There is a Superior Court in each of New Jersey's 21 counties.

Petit Jury, Grand Jury

There are two types of juries: petit juries and grand juries. Most jurors serve on petit juries. "Petit" means small and refers to the number of jurors not the weight of the matter to be decided. Petit juries hear both criminal and civil trials. In criminal trials, petit juries consist of 12 jurors and the verdict must be unanimous. In civil trials, petit juries consist of six jurors and at least five of those six must be in agreement. Grand juries consist of 23 people.

The job of the petit jury is to listen to all the evidence in the case. Evidence is presented to the jury by witnesses who testify about what they know. After all the testimony has been heard, the jurors discuss the case in private to decide whether the defendant is guilty or not guilty. These discussions, called deliberations, always take place behind closed doors so that jurors can feel free to say what they think.

The role of a grand jury is very different from the role of the petit jury. Grand juries hear evidence only in criminal cases. But they don't decide whether a defendant is guilty of a crime. Instead, the grand jury meets in secret to decide whether there is enough evidence to bring someone to trial for a crime.

If the grand jurors believe there is enough evidence to bring someone to trial, then they issue an indictment. An indictment is not proof of a crime. It is an official, written accusation issued by a grand jury charging someone with a crime. The indictment states:

When the crime occurred;

Where it occurred;

How it occurred;

Who the grand jury believes committed the crime; and

The law it believes the defendant broke.

Grand juries were first used hundreds of years ago in England to protect people from being charged with crimes in the absence of strong evidence pointing to their guilt. Grand jury proceedings are secret to protect innocent people from public suspicion while the grand jury investigates the matter. Grand juries are operated by prosecutors, who decide what evidence to present to the grand jurors.

Jurors, whether grand or petit, civil or criminal, must be unbiased. That means that they must not favor either side in the case or anyone involved in the case. Only by being impartial can jurors be fair.

How are jurors chosen?

Juries represent the community as a whole. Each juror is paid $5 a day, an amount set by state law, for his or her services. The jury's verdict in a case is, really, the community's verdict. The New Jersey court system works hard to make sure that jurors reflect the communities in which they live. People are randomly called for jury duty and are selected from among a county's registered voters and licensed drivers. Jurors also are picked randomly from among county residents who file state income tax returns and other tax forms.

Will you serve on a jury?

Recently, a second-grader in Morris County was called to jury duty. Her parents had filed an income tax return for her. Not knowing her age, her name was randomly selected. When the error was realized, the 7-year-old was excused from the jury pool, but was allowed to attend and see firsthand how the jury system works.

That second-grader could not be called for jury duty because to serve as a juror, you must be:

A U.S. citizen;

At least 18 years old; and

Able to read and understand English.

No one in New Jersey who meets these qualifications is exempt from jury duty - not even judges, doctors, lawyers, police officers or teachers. In fact, a few months ago, the Chief Justice of the New Jersey Supreme Court, Deborah T. Poritz, served on a jury in a civil case in the Superior Court in Mercer County.

Even though jury duty can be an inconvenience, it can also be inspiring. The willingness of ordinary people to serve on juries is a cornerstone of our justice system. We have more confidence in our system of justice because so many of its decisions are made by people just like us.

Rich Pliskin is Public Affairs Coordinator for the New Jersey Administrative Office of the Courts in Trenton.

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You're at a party where people are drinking alcohol and using drugs. You know you should not get involved, but you're afraid of what your friends might think if you say no. You want to fit in. What do you do?

Before you give in to pressure from your friends to try alcohol, marijuana or any other kind of drug, here are some things to consider.

In addition to the harm substance abuse can have on your health and well-being, it can also result in serious legal consequences. Did you know, for example, that if you were caught with marijuana as a juvenile (which includes any person under 18), you would be subject to a minimum mandatory fine of $500 and postponement of your driver's license for six months to two years?

Alcohol abuse by minors also carries with it significant legal penalties. According to Assistant Prosecutor Deborah A. White, Supervisor of the Juvenile Unit in the Union County Prosecutor's Office, possession or consumption of alcohol by an underage person in a school, on public transportation (for example a bus or train), in a motor vehicle, a public place or a public assembly carries a mandatory fine of $500 and, if the violation is in a motor vehicle, the loss or postponement of the offender's driver's license for 6 months. Additionally, as with marijuana offenses, a juvenile convicted of an alcohol offense is subject to a maximum term of 6 months at the New Jersey Training School for Boys and Girls.

Generally, the "harder" the drug, or the more serious the offense - for example distributing drugs - the more serious the penalty. According to White, the possession by juveniles of cocaine, heroin and certain other drugs exposes them to a maximum term of two years in the Training School for Boys and Girls and a minimum mandatory $1,000 fine.

Though not common, the law permits that juveniles 14 years old and over who are charged with drug-related offenses can be treated as adults in criminal court. Being tried as an adult may result in even harsher penalties, including actual jail time.

White cautions juveniles that just because it may be their first time experimenting with drugs, this does not mean they won't get caught.

"We get a lot of first-time offenders who are presumably just experimenting," said White, whose office handled 580 drug possession cases involving juveniles in 1996 alone.

As for repeat offenders, a judge will take into consideration a prior record and prior behavior before imposing sentence, White said. Gail Nichols, Chief of the Criminal Division in the U.S. Attorney's Office said drug abuse is not worth the risk. "If you get caught, the penalties are severe, and even if you don't, the effects on your life are devastating," said Nichols.

Through her work at the U.S. Attorney's Office, Nichols has seen firsthand the damage that substance abuse can do to people who start out using drugs at a young age and continue into adulthood. Many kids flunk out of school, start committing crimes and eventually end up in jail, she says. "They can't read. It's a downhill road."

Fortunately, there are people and programs available to help young people steer clear of this "downhill road" and say no to drugs and alcohol before they get into trouble at home, at school or with the law. One of the most widely recognized organizations is the Drug Abuse Resistance Education (DARE) program, which is taught in schools throughout New Jersey, the United States and worldwide.

New Providence Police Detective Sergeant Scott F. Torre, president of the Union County DARE Officers Association, observes that middle school students, who are often "starting to find their own identity," face particularly difficult challenges dealing with peer pressure when it comes to drugs. One of the objectives of the DARE program is to help build students' self-esteem and teach them effective ways to say no.

Students may also turn to Student Assistance Counselors at their school for confidential help or information about substance abuse. Or they may contact any one of a number of organizations dealing with this issue, including the New Jersey Drug Hotline (1-800-225-0196) and the Alcohol Hotline (1-800-322-5525). (For an additional resource, contact the New Jersey State Bar Foundation at 1-800-FREE LAW and request its Legal Consequences of Substance Abuse pamphlet.)

Most important in stopping the spread of drugs is stopping the demand for them, said DARE Officer Sergeant Torre. And that means saying no. If you are confronted with an offer to try drugs or alcohol, first consider the potential legal consequences of your actions.

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Who can forget the media coverage of the O.J. Simpson trial. There were countless pictures of Simpson and his "dream team" on the covers of newspapers and magazines, and endless clips of the trial daily on the television news. But what if cameras had not been allowed in the courtroom? What would the coverage have been like then?

That's where professionals like Robert L. Smith come in. A New Jersey native now living in New York City, Smith is a courtroom sketch artist by trade. His job is to attend court cases where cameras are not allowed and draw pictures of trial scenes and participants to be published in news publications and used on television.

Now entering his 18th year in the field, Smith has sketched some of the most notorious legal cases in recent history. He gave many people their first look at the man who killed Beatles legend John Lennon through his drawing of Lennon's assassin, Mark David Chapman.

Smith also covered the infamous 1980 "Baby M" trial. This case involved a woman who agreed to be a surrogate mother and give up the baby to a couple in exchange for money. The woman changed her mind after the birth and fought to keep the child herself.

More recently, Smith covered the early hearings of the World Trade Center bombers. "It's almost a legal history to look back on some of these drawings now," said Smith, whose work has appeared on CNN, ABC, CBS and various other news stations. His work has also been in such publications as the New York Post, Daily News and New York Newsday.

The variety that Smith's profession offers - and the ability to experience something different on every assignment - is one of the things that keeps Smith going back to the drawing board time and time again.

"Every case is different," said Smith. "I don't know where I'm going to be day to day."

He also does not know how much time he will have in the courtroom to complete - or at least start - a drawing. Depending on the assignment, he could have anywhere from three minutes to an entire day in the courtroom to come up with a drawing for that evening's news. For assignments where the defendant is only present for a short time, Smith sketches as much of the drawing as he can in the courtroom and fills in the details later.

"You have to be very fast and have a pretty good memory," Smith said. "I try to give as much detail as a photograph, only I choose to do it with pastels and charcoal." So when would an artist like Smith be called instead of a photographer? When wouldn't cameras be allowed in the courtroom? As explained by Alan Zegas, a criminal defense lawyer from Chatham, cameras are not permitted in federal courts. They are allowed in state courts, including New Jersey, with authorization from the judge. If the judge feels the crime is sufficient to warrant public scrutiny, he or she may permit cameras but is obligated to follow guidelines issued by the Supreme Court of New Jersey.

In recent years, as more and more cameras have been permitted in the courtroom, Smith said that he and others in his field have seen a big drop in the number of assignments that are available to them. One way he has filled the void is by conducting mock trials in various schools, including schools in New Jersey.

"I don't pretend to be a lawyer," he said. "I just try to pass on something that I've enjoyed."

Meanwhile, Smith remains hopeful that his field will not be erased entirely by cameras someday. Despite the reduced demand for courtroom sketch artists, he holds tight to a tradition that has become not only his trade but his identity.

"It's the thing closest to my heart," he said. "It's what I think I am - a courtroom artist."

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Did you know that, until recently, your pet pig was not safe in New Jersey if he wandered onto a neighbor's property? According to a law dating back to the early 1700s, thought to be the first law enacted by the East New Jersey Legislature, a landowner had the right to slaughter trespassing swine (pigs). This outdated law, which also provided that the slaughtered pig meat be given to the poor was a valid law until 1996, well after pigs were known to wander the neighborhood.

Another New Jersey law, dating from the late 1920s, held the master (captain) of a vessel (ship) responsible for any poor or sick people he brought to the state of New Jersey. This meant that even if a passenger stowed away, the captain was responsible for the welfare of that individual. Still another law dating from that time required that 50 cents per day be spent on feeding prisoners. Fifty cents then bought much more than it does today.

It is important to realize that these laws, which almost sound silly today were, believe it or not, once very necessary. For instance, the laws that regulated the quantity, marking and package sizes for the sale of such items as milk bottles and ice were necessary in the late 19th and early 20th centuries because there was no widespread refrigeration. To ensure public health and safety and that the items did not spoil, the government controlled the package size of these and other items.

At the turn of the last century, charcoal was how most people heated their homes. Regulations required that charcoal be sold in large bags for the convenience of New Jersey's citizens. Today these regulations are no longer necessary and have been repealed.

Why have these and other outdated laws been allowed to remain on the books for so long? The process of repealing laws is slow and is much like the process to enact a law. The repeal of a law essentially requires another statute or law be written and a member of the New Jersey Legislature such as an Assemblyman or State Senator, must sponsor the repeal, just as he or she would sponsor a bill, creating a new law.

There is one organization that is dedicated to revising outdated laws. The Law Revision Commission periodically goes through old New Jersey laws and statutes to weed out those that have become outdated. In fact, it was due to the Commission's efforts that the law governing the trespass of swine was repealed.

It takes a great deal of time to pour over the current New Jersey statutes and determine which are unnecessary, outdated or simply don't work the way they were intended. The Commission works by making recommendations to the New Jersey Legislature, giving its reason for suggesting the repeal and requesting an Assemblyman or Senator to sponsor a bill repealing the outdated law. Unless the law is repealed it stays on the books until the next time the Commission takes on the interesting job of sorting through New Jersey's outdated laws.

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Committed to the promotion of violence prevention, the New Jersey State Bar Foundation would like to help interested educators establish Conflict Resolution and Peer Mediation Programs in their schools.

The Foundation offers free Conflict Resolution and Peer Mediation guides and free training sessions for elementary, middle and high school teachers. Foundation staff is also available to conduct free in-service training programs for teachers or students at interested schools.

For copies of the guides, information about in-services or future training sessions, call the Foundation at 1-800-FREE-LAW.

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The following is a case written by Mary A. Betancourt and Jean (Nina) Hoover's former 7th grade class at William W. Allen Middle School in Moorestown. This case was written in conjunction with the New Jersey State Bar Foundation's Law Adventure Competition and was among the winning cases of 1998.

Jim Teacher was employed as a police officer in Toontown. While apprehending a bank robber, he was critically wounded and required surgery. Although he recovered from his injuries, he decided not to return to law enforcement. Instead Jim returned to college and received a degree in education.

Hired by the Toontown Board of Education as a physical education and health teacher, Jim became a well-respected member of the faculty, and the Board of Education granted him tenure.

In May 1995, Jim received a letter from the hospital advising him that the blood he received during his surgery may have been exposed to the HIV virus. Jim contacted Dr. Hal Practice, the school's physician. Jim had his blood tested and then left Toontown for the summer to operate a sports camp.

While Jim was gone, Dr. Practice received his test results. He had tested positive for the HIV virus, and Dr. Practice had a dilemma. He had a duty to protect the confidentiality of Jim's medical condition, but Dr. Practice also believed that he had a legal and moral duty to warn the school.

When Jim returned to work at Toontown High School, he was told to report immediately to the principal's office. With the principal, superintendent and president of the school board present, Dr. Practice informed Jim of his HIV status. Izzy Liable, the president of the Toontown Board of Education, advised Jim that after thorough discussions, the Board of Education had decided to terminate Jim's employment immediately. Dr. Practice and the school's attorney recommended the dismissal since they felt Jim posed a risk to other teachers, staff and students.

Faced with a life-threatening medical condition and unemployment, Jim consulted Dr. Ima Mercenary, a specialist in the field. Dr. Mercenary confirmed the test results but believed that with medication Jim could lead a meaningful life and return to work since the risks of harm and infection to teachers, staff and students were negligible.

Jim consulted an attorney who filed suit against the Toontown School District alleging employment discrimination.

THE LAW

To establish discrimination under New Jersey's Law Against Discrimination, Jim must prove that his medical condition is considered a handicap; that at the time of his discharge, he was performing the job at a level that met the school district's expectations; and that he can continue to do his work without posing a serious threat to the health and safety of other teachers, staff or students. The Rehabilitation Act of 1973 states that "no otherwise qualified individual with a disability shall by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." The Americans With Disabilities Act provides that a "qualified individual with a disability" means an "individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position."

THE ISSUES

Can Jim Teacher's medical condition be considered a handicap? Was he discharged unlawfully? Can he continue to perform his job without posing a serious threat of injury to the health and safety of other teachers, staff or students? Did Dr. Practice have an obligation to inform the school about Jim's condition? If he didn't tell the school, could he be held liable if Jim transmitted the HIV virus to an unknowing student or teacher?

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bill - a proposal for a new law. In New Jersey, a bill must pass both the state Senate and the Assembly and be signed by the Governor before it can become a law.

defendant - in a trial, the person accused of a crime.

deliberations - discussions that take place after a jury has heard all the evidence in a case.

first-time offender - a person with no record who has committed a crime.

grand jury - this jury determines whether there is enough evidence to bring a defendant to trial.

indictment - an official, written accusation charging someone with a crime.

petit jury - this jury determines in criminal cases whether someone is guilty or not guilty and in civil cases whether a defendant is responsible for damages.

repealed - revoked. A law that is repealed has been withdrawn or cancelled and is no longer a law.

repeat offenders - someone who has committed more than one crime or the same type of offense more than once.

sponsor - a legislator who introduces a bill in the Legislature and attempts to have it signed into law.

unbiased - neutral; not favoring one side over another.

verdict - ruling handed down by a jury.

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