Voir dire, which means “to speak the truth” in French, also refers to the examination of prospective jurors to determine whether or not they are suitable for jury service. During this jury selection process, a judge may ask standard questions to excuse anyone deemed incapable of serving on a jury.…
Yes, as held in State v. Sims, if the Court determines that the waiver was not signed knowingly, intelligently and voluntarily then that waiver is considered ineffective and the defendant’s Fifth Amendment Rights can still be violated. The right against self-incrimination is guaranteed by the Fifth Amendment to the United…
Yes, if the court conducts a thorough analysis of the factors listed in United States v. Burton and those factors favor denial of Defendant’s request. In March of this year the New Jersey Supreme Court dealt with this very issue in the context of a murder trial. In State v.…