Herbert Jay Stern - Judge

Judge

In December 1973, President Richard M. Nixon appointed Stern to a District Judgeship in New Jersey. Stern succeeded Judge Leonard Garth, who had been elevated to an appellate position on the U.S. Court of Appeals for the Third Circuit. During a 13-year tenure on the bench, Stern presided over a variety of civil and criminal cases. However, his judicial service is best remembered for the unique case of United States v. Tiede, an aircraft hijacking prosecution that was the sole case ever tried in the United States Court for Berlin, over which he was specially designated to preside by selection of the U.S. Department of State. In a published opinion in the case issued in 1978, Stern held that even though the case involved prosecution of German citizens in an unusual forum outside the United States, the defendants were still parties to an American criminal proceeding and entitled to the United States Constitution's guarantee of trial by jury. Stern later authored Judgment in Berlin, a book about his experiences in the Tiede case which was made into a film.

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