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Table of Contents
Like You, New Jersey Animals Have RIGHTS Too by Gail Hoofnagle, Esq. and Alison Dufner Can the Law Tell You What to Wear? by Cheryl Baisden Celebrities Search for Privacy After the Death of Princess Diana by Amy Franco Judge for Yourself To Smoke or Not to Smoke? That is the Question. by Nancy McKeen Battling the Bully by Cheryl Baisden Ask-A-Lawyer Glossary Like You, New Jersey Animals Have RIGHTS Too
by Gail Hoofnagle, Esq. and Alison Dufner In our hearts we know that it is wrong to treat an animal cruelly. Did you also know that cruelty to animals is against the law? Just as there are laws in New Jersey that protect children from cruel treatment, there are also laws that protect our furry friends. In most cases, New Jersey classifies an act of animal cruelty as a disorderly persons offense, also called a misdemeanor. If an individual is convicted of such an offense, he or she may face several penalties, including a fine ranging from $250 to $1,000; a six-month prison sentence; both a fine and imprisonment; or a community service term of up to 30 days, which usually involves providing assistance to an organization that works to prevent cruelty to animals. Not Acts of Animal Cruelty Under the laws of New Jersey the following acts are allowed and are not examples of animal cruelty:
The purpose of this article is not to discuss personal feelings about animal experimentation, eating meat or hunting. You may have strong feelings that some or all of these acts are morally wrong but they are not illegal. There are many acts and activities involving animals which are punishable under the laws of New Jersey, that are clearly cruel and, therefore, illegal. Acts of Animal Cruelty The Following is a summary of the most common acts of animal cruelty that qualify as disorderly persons offenses under New Jersey law.
As the seriousness of animal cruelty crimes increase, so do the penalties. For example, a person who abandons a domestic animal, like a cat or dog on or near a roadway faces a mandatory fine of $5OO to $1,000, while a person who uses birds for targets is guilty of a disorderly persons offense, and can be fined $25 for each bird shot or killed. A person who disposes of an animal with a contagious disease is guilty of a crime of the fourth degree and faces a maximum jail term of 18 months and a fine of up to $7,500. The act of animal cruelty, which carries the toughest penalty, involves using animals for fighting. Anyone who is present at, witnesses, pays admission to, or gambles on the outcome of a fight involving a living animal is guilty of a crime of the third degree. A person convicted of a crime of the third degree faces jail terms of three to five years and a maximum fine of up to $7,500. While New Jersey's laws on animal cruelty are tough, Gary Francione, an animal rights advocate and a professor of law at Rutgers Law School in Newark, argues that the penalties are rarely enforced and so the ultimate success of the laws in preventing animal cruelty are very limited. As an animal rights advocate, he believes that the penalties for an animal cruelty misdemeanor are insignificant and provide little incentive for states to incur the costs of prosecuting a case. According to Francione, the rights of animals are not justly protected by New Jersey's current laws. Can the Law Tell You What to Wear?
by Cheryl Baisden What's the best thing about the first day of school? Chances are the answer isn't getting up early, memorizing a new locker combination or lugging home a stack of books to tackle your homework assignments. For many students, the best thing about the first day of school could very well be getting the chance to show off a favorite new outfit. Since July 1996, when New Jersey approved a new law regarding school uniforms, that annual pleasure can no longer be guaranteed. Today, if your local public school board approves it, students can be forced to wear uniforms. That means when you open your closet to pick out your clothes on the first day of school, you could find five white shirts and five pairs of blue pants or skirts. Even your socks and shoes would be approved by the school board. Before the new law went into effect, New Jersey school boards could suggest that students wear a special uniform, but parents had the right to refuse. That was the way East Orange's policy was developed in 1987, when a voluntary dress code was approved. Today, about two-thirds of the students in East Orange wear uniforms. Under the new law, however, once a school board approves a set uniform, all students must wear the outfit. Students and parents must be given three months notice before the policy goes into effect, and a hearing must be held on the plan so members of the public can voice their opinions. In September 1996, the Orange school district became the first in the state to require school uniforms for all students. The push for school uniforms began with President Bill Clinton, who saw mandatory uniforms as a way to control school violence and improve education. If every student had to dress alike, fights wouldn't break out over who had the best clothes, kids wouldn't be teased for not having the latest fashions, and since no one could wear $100 sneakers in school, no one would get beaten up by kids trying to steal them. Instead of fighting over clothes, everyone could focus on learning, according to President Clinton and New Jersey State Senator Raymond Lesniak who co-sponsored the new law in our state. But some people see telling students how to dress as a violation of the U.S. Constitution. It may prevent competition and teasing, but it also keeps students from being able to express themselves. Anyone who doesn't want to follow the required dress code could take legal action, according to the American Civil Liberties Union; a group that helps people defends their rights. The ACLU contends that the only way a public school board can legally restrict clothing is if it is a health or safety hazard or if it is disruptive to other students. So far, no one has tried to fight against school uniforms in New Jersey, but the law is still new. Celebrities Search for Privacy After the Death of Princess Diana
by Amy Franco High-speed car chases around shocking hairpin curves. Lurking late-night ambush attacks. Death- defying aerial stunts from swooping helicopters. No, these aren't the breathtaking scenes from the latest Arnold Schwarzenegger action flick. These are the real-life antics of paparazzi photographers who, it seems to many, would stop at nothing when it comes to getting a good scoop on a star. Privacy v. Free Press The death of Princess Diana this summer brought attention to the issue of aggressive reporting after word spread that members of the paparazzi may have contributed to causing the high-speed car crash which took her life. The tragic circumstances surrounding the princess' passing have raised serious questions about the laws governing the press and privacy. In the United States, individuals have a right to privacy. Members of the news media also have rights under the First Amendment to gather news, especially about celebrities and public officials about whom their readers want to know. Weighing these opposing interests and finding a balanced solution is a difficult job left to our court system. Generally, the courts have held that people have a right to privacy when they are in private places like their homes. However, once people leave their homes and enter any public areas, such as a street or restaurant, they give up their privacy. This means that anything a celebrity does in a public area may be photographed and reported. Life in the Public Eye According to entertainment lawyer Steven C. Schechter of Fair Lawn, press exposure can be beneficial for celebrities by helping them land jobs and encouraging people to watch their movies and television programs. But celebrities also find that the attention can become overwhelming. "Once you achieve celebrity status, your life becomes an open book," Schechter observed. "People want to know where you went to dinner, who you had a fight with and how much you tip taxi drivers. You can't go shopping by yourself. You're pursued by mentally unstable fans. It's a very tough life, and you give up your privacy." While public life has its drawbacks, the courts generally consider the loss of privacy that celebrities experience to be a voluntary choice. "Celebrities knowingly entered the public eye, pursuing a career that they knew would bring much attention and much prying into their lives," said Dr. Pamela A. Brown, a journalism professor with Rider University in Lawrenceville. "If you choose a public career you become a public person." Does this mean once celebrities leave their homes, they become fair game for the paparazzi? Not entirely. While members of the press are allowed to pursue news, restrictions against unlawful conduct such as trespassing, stalking, harassment and assault, apply to them, just as they would to any other citizen. Even with these restrictions, celebrities are calling for additional laws to protect their privacy. Where Do We Go From Here? In response to celebrities' pleas for help, the late California Congressman Sonny Bono, a former entertainer proposed the enactment of the Protection From Personal Intrusion Act. If passed into law by Congress, the paparazzi would face strict penalties for the harassment of a celebrity. However, legal experts believe the act and similiar proposals are not likely to become laws because they regulate the media's ability to gather news by imposing criminal penalties. While it may be difficult to regulate the press without violating its rights, experts agree that there are other alternatives, including better enforcement of existing laws against improper conduct such as stalking and assault. Still others suggest that members of the press should clean up their act on their own. "As I always tell my students, just because you can do something does not mean that you should," Brown said. "From an ethical standpoint, much of the behavior of the paparazzi is horrible and wrong." Adds Schechter, "I think that the press has a moral obligation to obtain the news without putting people at risk, and that would apply to any business." The public can also take steps against papers and other media which are known to exploit celebnties. "If people really find [the paparazzi's] conduct disturbing, they have full power to put an end to it, not with laws, but with their own dollars," Brown said. "Stop buying those newspapers; stop watching those television programs."
Battling the Bully
by by Cheryl Baisden Did you ever wonder why Pinky never says he has had enough of the Brain's constant insults? Or why Tommy Pickles and the rest of the Rugrats gang never torment Angelica the way she always torments them? In the cartoon world the Brain's mean mouth and Angelica's evil attitude are what make them funny. In the real world both Angelica's and the Brain's behavior would be considered bullying, and that's no laughing matter. Bullying means taking advantage of someone or making a person feel bad about themselves. Bullying comes in many different forms, from punching and shoving a classmate to constantly calling them names or forcing them to give up their lunch everyday, explains Jeanne Degatano, a teacher at Edison High School. If you are the person being bullied, you probably feel bad about yourself because you are being treated in a way that makes you feel helpless or weak. If you are the bully you are probably being mean because you feel bad about yourself and you believe that picking on someone else will make you feel better. The fact is that bullying will only get you into trouble. "Bullying is really what we call harassment, and it goes on all the time," said Degatano. "Kids who are bullies are breaking school rules, but they also are breaking state or town laws." Every school has rules against bullying, but the punishment differs from school to school. The first time a student is caught bullying, the punishment is usually detention. If the problem continues, the student's parents are usually called. Later offenses can lead to action by the school board and the student can be expelled for a short time or forever. Being kicked out of school isn't the only punishment bullying can produce. "If a child is harassing another child and the parents know about it, the bully's parents can be held responsible," said Alan Zegas, a lawyer who handles criminal cases. "The child being bullied, or his parents, can go to court and the bully's parents could end up being financially liable. They could even go to jail, although I don't know of that ever happening." Zegas has had parents contact him about bullying problems. He suggests that a student who is being bullied should talk to a teacher, principal or parent about the problem. He also suggests that bullies talk to an adult about their problems, rather than take out their frustrations on other kids. "The courts can penalize bullies and their parents, but the only way to really fix the problem is to talk about things," Zegas said. Judge for Yourself...
To Smoke or Not to Smoke? That is the Question. The following is a case written by Nancy McKeen 's former 7th grade class at Emily C. Reynolds Memorial Middle School in Hamilton, NJ. This case was written in conjunction with the New Jersey State Bar Foundation's Law Adventure Competition and was among the winning cases of 1997. The Children's Bus Company, a privately owned transportation company, has a contract with the George Franklin School District to transport approximately 100 of its elementary students to and from school each day. Anthony Johnson, a bus driver for Children's Bus Company, has driven the GF21 bus route for the past 16 years. Roberto Vasquez, a fifth-grader at George Franklin Elementary School, has ridden on Johnson's bus since he began kindergarten. Johnson is a heavy smoker and on average smokes two packs of cigarettes a day. Because the bus company is privately owned, Johnson is allowed to smoke on the bus route to the elementary school and usually has four cigarettes during the 30-minute bus ride. Roberto sits in an assigned seat, directly behind the driver's seat. Over the past several years, Roberto has developed asthma, a respiratory illness. Roberto's mother called Leslie Ryan, the owner of the Children's Bus Company, repeatedly to complain about Johnson's smoking and the hazard it creates for the children. Ryan, a smoker herself and the fiancée of Johnson, has not asked Johnson to stop smoking while driving the students. On January 18, 1996, there was an accident on Barnyard Boulevard, which is on the GF21 bus route. During the 45-minute delay, Johnson smoked three more cigarettes in addition to what he normally smoked. Roberto, who is picked up on the first stop, had been riding on the bus for 30 minutes. He was sitting in his assigned seat, when he started coughing repeatedly. Roberto asked the bus driver if he could move to the back, but Johnson said that it was not necessary and he would be fine. Johnson opened the driver's side window. Officer Wilson was driving down the road, spotted the bus and boarded it. When he saw Roberto's condition, he immediately called for an ambulance. The ambulance arrived in time to save Roberto's life. Two days later, Roberto was released from the hospital but he had sustained lung damage. Because of the lung damage, Roberto will never fulfill his dream at becoming a major league pitcher. The Vasquez family is suing Anthony Johnson for negligence. The Vasquez's doctor, who has been Roberto's doctor since he was born, testified that Roberto was a healthy boy before he started riding Johnson's bus when he was in kindergarten. Since then, Roberto has developed a serious case of asthma, which has caused damage to his lungs. The bus driver contends that smoking relieves the stress he feels from driving a bus full of screaming kids. He says that he always cracks his driver's side window and that on the day of the traffic delay, Roberto was as rowdy as the other kids on the bus. Johnson also says that Roberto could have changed his seat at any time during the six years that he rode the bus. Roberto never asked, according to him. THE LAW: The plaintiff (the Vasquez family) must convince the jury that Roberto's severe asthma attacks were caused by the bus driver's (the defendant) cigarette smoking. The plaintiff must also prove that injuries, of the sort for which the law will permit recovery, actually occurred. In examining a case like this, a lawyer will base his or her analysis on answers to the following questions: Did the defendant (Anthony Johnson) owe a duty of due care to the plaintiff? This means that it must be determined if the bus driver was responsible for the welfare of Roberto. If the defendant did owe a duty, did he breach that duty? Was the breach of duty the primary cause for the plaintiff's injury? Was the plaintiff injured? Are there any defenses? WHAT DO YOU THINK? Is Anthony Johnson responsible for Roberto's asthma condition? Is smoking on a private school bus allowed? Should the bus driver have stopped smoking in the presence of children? Would moving his seat have made any difference to Roberto's condition?
Ask-A-Lawyer
Q: Is it illegal for a student to go out of the classroom if they think it is necessary, even if the teacher says no? - JENNIFER WILLIAMS A: GORDON GOLUM OF WILENTZ, GOLDMAN & SPITZER, WOODBRIDGE - Board policy and possibly your student handbook sets up the teacher as the general authority of the classroom. If your teacher says that you may not leave the classroom, then you should do as he or she says. Q: Is it illegal to buy something and sell it at a higher price? - RYAN JEPSON A: GAIL LAMBERT OF THE DIVISION OF CONSUMER AFFAIRS, NEWARK - It depends what the product is. Generally, anything you buy can be sold at whatever price you are able to get for it as long as you don't lie about what the product does. As soon as anything is bought, it is considered used and most products are sold under the notion of caveat emptor, which is a latin term meaning "buyer beware." In other words, as a consumer it is your responsibility to be aware of what you are buying. There are, however, some items which cannot be resold. Sporting event and concert tickets, prescription drugs and lottery tickets are some examples of products that are governed by regulations and cannot be resold. These regulations are imposed to protect the consumer. Q: Is it legal for my parents to teach me at home so I don't have to go to school? - RYAN JEPSON A: GORDON GOLUM OF WILENTZ, GOLDMAN & SPITZER, WOODBRIDGE - The law recognizes that a child may be given home instruction provided the instruction is academically "equivalent" or the same as that provided in public schools. Your parent does not have to be a certified teacher, but does have to demonstrate that he or she can provide an equivalent education.
Glossary
assault - to intentionally threaten or injure someone. bully - take advantage of another by means of physical violence or intimidation. Bullying is a form of harassment. crime of the fourth degree - the lowest level of crime handled at the Superior Court level. A person charged with a fourth degree crime is entitled to a jury trial. If convicted, the penalties for this crime can include a fine of up to $7,500 and up to 18 months in jail. crime of the third degree/misdemeanor - second lowest level of crime handled at the Superior Court level. A person charged with a third degree crime is entitled to a jury trial. If convicted, the penalties for this crime can include a fine of up to $7,500 and up to five years in jail. disorderly persons offense/misdemeanor - a minor offense handled in municipal court without a jury. The penalties for this offense are imposed by a judge and can include fines of up to $1,000 and/or up to six months in jail. harassment - the act of using words, gestures or actions for the purpose of annoying or alarming another person. liable - to be held responsible for an action. lobby - the process of influencing elected officials to pass certain laws and/or implement certain policies. paparazzi - a term that has come to signify aggressive photographers or reporters who pursue celebrities for the purpose of exploiting them. stalking - repeatedly following another person with the purpose of annoying, threatening or making him or her afraid. trespassing - entering into or onto land or property without permission or authorization.
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