Articles Tagged with Unlawful Possession of a Firearm

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The Confrontation Clause, which is found in the Sixth Amendment of the United States Constitution, provides that “in all criminal prosecutions the accused shall enjoy the right to confront the witnesses against him”. Article 1, Paragraph 10 of the New Jersey Constitution also guarantees this right to the criminally accused.

In some cases, however, the “witness” may be the person who has prepared a document or report for submission to the court. As the Supreme Court established in Melendez-Diaz v. Massachusetts, affidavits reporting the findings of a search or analysis may be considered “testimonial” and renders the affiants “witnesses” that are subject to the defendant’s right to confrontation.

On December 27, 2021 the Supreme Court of New Jersey decided in State v. Jose Carrion that the Defendant’s Sixth Amendment right to confrontation was violated. The Court came to this conclusion based on the circumstances surrounding the submission of an affidavit prepared by a non-testifying detective which contained the results of a firearms database search.  

jersey-city-criminal-sentencing-judge-1In 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 the “finder of fact,” is tasked with determining what happened in a specific case and how those facts are relevant to the legal proceeding. The judge, otherwise known as the “trier of law”, is tasked with making legal rulings and ensuring that legal proceedings adhere to specific guidelines.

However, there are instances in which courtroom actors confuse the role they must play.

In State v. Melvin and State v. Padden-Battle , the Defendants were sentenced by the same judge who overlooked a jury’s acquittal and made decisions based on their own “fact-finding”.

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