State v. Anderson

I respectfully dissent. The Court, I believe without justification, has declared an act of the Legislature to be unconstitutional.

The Legislature has said that in a trial for perjury, the judge shall decide whether the perjurious statement is “material,” *210that is to say, the judge shall decide whether it “could have affected the course or outcome of the proceeding.” N.J.S.A. 2C:28-lb. The majority rules that New Jersey’s constitutional right to trial by jury requires a different result. It rules that the State’s constitutional provision guaranteeing a jury trial requires that the jury decide…