''State v. Palendrano'', 120 N.J. Super. 336, 293 A.2d 747 (Law Div. 1972), was a

legal case Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that " e term ''legal proceedings'' ...

decided by the

New Jersey Superior Court The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction. The New Jersey Constitution of 1947 establishes the power of the New Jersey courts: under Article Six of the State Consti ...

, Law Division, holding that the

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

offense of being a

common scold In the common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it i ...

was no longer a crime despite the presence of reception statutes in the state.

Background

In 1970, Marion Palendrano was indicted in

Monmouth County Monmouth County () is a county located in the central portion of the U.S. state of New Jersey. It is bordered to its west by Mercer and Middlesex Counties, to its south by Ocean County, to its east by the Atlantic Ocean, and to its north by ...

for

assault In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...

, 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The court reasoned that the offense was superseded by the New Jersey Disorderly Persons Act.Dressler, J. ''Understanding Criminal Law, Fifth Edition.''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 the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...

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 1844 New Jersey Constitution is the second state constitution for the State of New Jersey and was replaced by the current state constitution adopted in 1947. It was preceded by the 1776 New Jersey Constitution. External links The New Je ...

or since 1776.

References

External links

*
Full text opinion
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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