''State v. Palendrano'', 120 N.J. Super. 336, 293

A.2d The ''Atlantic Reporter'' () is a United States regional case law reporter. It is part of the National Reporter System created by John B. West for West Publishing Company, which is now part of Thomson West. The ''Atlantic Reporter'' contains ...

747 (Law Div. 1972), was a legal case decided by the New Jersey Superior Court, Law Division, holding that the common law offense of being a common scold was no longer a crime despite the presence of

reception statutes A reception statute is a statutory law adopted as a former British colony becomes independent by which the new nation adopts, or receives, the English common law before its independence to the extent not explicitly rejected by the legislative body ...

in the state.

Background

In 1970, Marion Palendrano was indicted in Monmouth County for

assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...

, threatening a person's life, and being a scold.

Decision

The court reasoned that the offense was superseded by the New Jersey Disorderly Persons Act.Dressler, J. ''Understanding Criminal Law, Fifth Edition.'' Matthew Bender & Company, Inc. Newark, NJ: 2009, p. 28 They also expressed concerns that a female-only crime violated

due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...

and the nature of the offense was too vague. It was also opined that the punishment of ducking could amount to a punishment, in which case that punishment was unlawful under the

New Jersey Constitution of 1844 The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. In addition to three British Royal Charters issued for East Jersey, West Jersey and united New Jersey while they were still colonies, the sta ...

or since 1776.

References

External links

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U.S. state criminal case law 1972 in United States case law New Jersey state case law 1972 in New Jersey United States gender discrimination case law Void for vagueness case law Monmouth County, New Jersey History of women's rights in the United States Common law History of women in New Jersey {{US-case-law-stub

Background

Decision

See also

References

External links