Witness “impeachment” refers to the process of attacking a witness’s credibility and the accuracy of their testimony at trial. The Federal Rules of Evidence and the New Jersey Rules of Evidence both allow the impeachment of a witness’s credibility by use of their prior convictions. However, when the witness is…
On December 9, 2021 the New Jersey Appellate Division published a decision which struck down a portion of New Jersey’s terroristic threats statute. In State v. Calvin Fair, the defendant was charged with and convicted of terroristic threats. On appeal, Defendant argued constitutional over breadth regarding N.J.S.A. 2C:12-3(a). Said section…
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…
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…
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.…