New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill AJR178

Introduced
6/20/22  

Caption

"J.B.'s Law;" amends Rules of Evidence to exclude creative or artistic expression in audio or video format from jury consideration in criminal proceedings.

Impact

If passed, 'J.B.'s Law' would have a significant impact on how evidence is handled in New Jersey criminal courts, particularly regarding cases that involve rap music and other forms of artistic expressions. By eliminating this type of evidence from jury consideration, the bill aims to ensure that prosecution focuses on more concrete and relevant evidence, reducing the risk of unjust convictions based on potentially prejudicial artistic works. It addresses concerns that the inclusion of such material can unfairly bias juries against defendants, especially artists capturing the cultural context of their experiences.

Summary

Assembly Joint Resolution No. 178, known as 'J.B.'s Law', aims to amend the Rules of Evidence in New Jersey by excluding creative or artistic expressions in audio or video format from being admitted as evidence against a defendant in criminal proceedings. This resolution seeks to prevent the use of such artistic expressions, often seen in the form of music lyrics or videos, from being employed in court to sway juries or indict defendants. The bill emphasizes the importance of safeguarding forms of creative expression as a matter of free speech under the First Amendment.

Contention

The bill arises from notable instances where creative expressions were used inappropriately in court cases, such as the conviction of Edgar Jamal Gamory, known as 'J.B.', based in part on the content of his music. Proponents of the bill argue that admitting such evidence not only harms the accused but also poses a chilling effect on artistic expression as a whole, especially within genres like hip-hop that often include graphic or controversial content. Critics of the bill, while not extensively detailed in the provided documents, may argue about the implications for musical and artistic freedoms versus the potential for such expressions to convey real intent or character traits related to a defendant's actions.

Companion Bills

NJ SJR102

Same As "J.B.'s Law;" amends Rules of Evidence to exclude creative or artistic expression in audio or video format from jury consideration in criminal proceedings.

Previously Filed As

NJ SJR102

"J.B.'s Law;" amends Rules of Evidence to exclude creative or artistic expression in audio or video format from jury consideration in criminal proceedings.

NJ AJR107

"J.B.'s Law;" amends Rules of Evidence to exclude creative or artistic expression in audio or video format from jury consideration in criminal proceedings.

NJ AB2799

Evidence: admissibility of creative expressions.

NJ HB1309

Evidence; creative or artistic expression evidence is inadmissible at trial; provide

NJ HB475

Provides relative to admissibility of evidence of a defendant's creative or artistic expression

NJ HB237

Evidence; admissibility of creative or artistic expression evidence at trial; provide

NJ SB661

Establishes the Restoring Artistic Protection Act, which provides for the admissibility of evidence of a defendant's creative or artistic expression

NJ SB648

Establishes the Restoring Artistic Protection Act, which provides for the admissibility of evidence of a defendant's creative or artistic expression

NJ HB214

Evidence; creative and artistic expression evidence is inadmissible at trial; provide

NJ HB990

Evidence; creative and artistic expression evidence is inadmissible at trial; provide

Similar Bills

MI SB0813

Criminal procedure: evidence; consideration of videorecorded statements in certain proceedings; allow. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).

NJ A4729

Establishes procedure to determine reliability and admissibility of defendant's statements made during law enforcement interrogation.

MI SB0248

Courts: other; age requirement for the use of a courtroom support dog; modify. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).

GA SB202

Discovery; discovery in misdemeanor cases; change provisions

GA HB525

Criminal procedure; discovery in misdemeanor cases; change provisions

NJ SJR102

"J.B.'s Law;" amends Rules of Evidence to exclude creative or artistic expression in audio or video format from jury consideration in criminal proceedings.

NJ AJR107

"J.B.'s Law;" amends Rules of Evidence to exclude creative or artistic expression in audio or video format from jury consideration in criminal proceedings.

MI HB5650

Crimes: penalties; increased penalties for crimes committed by an individual who returns to the country illegally after deportation; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 12a, 12b & 12c to ch. IX.