In New Jersey, a criminal defendant’s right to a jury trial is guaranteed by both the Sixth Amendment to the United States Constitution and the State Constitution. The principles of fairness and justice are encompassed in the roles assigned to the judge and the jury. The jury, otherwise known as…
In New Jersey, the rules of evidence indicate that lay opinion testimony, which is non-expert witness testimony, is admissible when two conditions are met. First, the witness’s testimony must be rationally based on their perception. Secondly, the testimony must assist in understanding the witness’s testimony or determining a fact in…
Over the years, thousands of motorists have been stopped for having their license plate partially blocked. Often times, the stops are pretextual in that law enforcement’s real interest in the vehicle and its occupants is the desire to conduct a criminal investigation. In State v. Roman Rosado and State v.…
Ineffective assistance of counsel is a claim that a criminal defendant may assert when their defense attorney’s inadequate representation constitutes a violation of their Sixth Amendment right to counsel. However, not all cases concerning an attorney’s unsatisfactory performance entitle a…
During the process of jury selection, attorneys from either side may seek to remove jurors they deem unfit to serve. A “for cause” challenge allows attorneys to exclude potential jurors that do not meet the standard criteria or cannot remain impartial when applying the law. A peremptory challenge, on the…
No, a defendant’s right to have an attorney present during interrogation is guaranteed by both the Fifth Amendment to the U.S. Constitution and the landmark U.S. Supreme Court case Miranda v. Arizona. Accordingly, any statements made during the interrogation of a defendant in custody may be admissible as evidence only…
Jury instructions are directions from a judge to the jury that provide guidance in their deliberations to reach a verdict. These instructions are meant to help jurors understand the applicable laws and how they should assess the facts of the case. Sadly, there are instances where such instructions are flawed…
The process of criminal pretrial discovery, which involves an exchange of information between parties, is guided by specific rules and limitations. Protective orders, for example, may limit what information is provided to the opposing party or to whom such information may be provided. Although restricting information may seem like a…
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…