Bias Conviction Ignored Defendant's Intent, NJ Court Says

Law360, New York (January 30, 2013, 4:24 PM EST) -- A New Jersey appellate court on Wednesday overturned the bias intimidation conviction of a Gloucester Township employee who allegedly taunted a black co-worker who was locked in an equipment cage against his will, finding that such a conviction must be based on a defendant's biased intent.

In a published opinion, the three-judge appellate panel said New Jersey's bias intimidation statute would be unconstitutional if it allowed a defendant to be convicted based on how the victim viewed the conduct at issue, regardless of the defendant's intent,...
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