“To ensure that the State’s interests are properly advocated during an application for a complaint-warrant, a County Prosecutor shall have the authority to require that an assistant prosecutor consulted pursuant to Section 3.2 participate directly in the colloquy with the judge or other court official to whom an application for a complaint-warrant is submitted.” The […]
Bail Reform: Police Officer’s Charging Decision Process
“Subject to the limitations set forth in subsection 3.3.1,the directive may provide for the special designation of supervisory officers who are authorized by the County Prosecutor to approve issuance of a complaint-summons notwithstanding that this Directive establishes a presumption that a complaint-warrant will be sought, and/or who are authorized by the County Prosecutor to approve […]
Bail Reform: System of On-Call Assistant Prosecutors and Deputy Attorneys
“Each County Prosecutor and the Division of Criminal Justice shall establish a system of on call assistant prosecutors and deputy attorneys general to be available on a 24/7 basis to provide real time legal advice and charging approvals to law enforcement officers pursuant to this Directive 6″ “6As used in Sections 3 and 4 of […]
Bail Reform Law – Speedy Trial
“The Bail Reform Law does more than change the way in which pretrial release decisions are made. It also includes provisions to ensure that persons who are detained pending trial are indicted and tried swiftly. This is to be achieved in part by imposing specific deadlines for indictment and trial. To meet these deadlines -and […]
Pretrial Risk-Assessment Process
“One of the most critical innovations under-girding the entire reform initiative is that this predictive process henceforth will be informed by an objective pretrial risk-assessment process that has been designed and validated through empirical research. See N.J.S.A. 2A: 162-25(c).” That statute reads: “NJSA 2A:162-25 Statewide Pretrial Services Program; risk assessment instrument. 11. a. The Administrative […]
Criminal Justice Reform in Effect Starting Jan 1, 2017
On January 1, 2017, full implementation of criminal justice reform and final Court Rule changes will occur regarding bail, speedy trial, and overall criminal justice reform in New Jersey. On October 11, 2016, the Attorney General issued an 84 page directive that provides insight into how police and prosecutors will handle these reforms. The most […]
New Jersey’s Bail Reform Law
On January 1, 2017, full implementation of criminal justice reform and final Court Rule changes will occur regarding bail, speedy trial, and overall criminal justice reform in New Jersey. On October 11, 2016, the Attorney General issued an 84-page directive that provides insight into how police and prosecutors will handle these reforms. The most notable […]
Eighth Amendment and Victim Input
In Bosse v. Oklahoma, decided on October 11, 2016, the United State Supreme Court held per Booth v. Maryland (1987), “the Eighth Amendment prohibits a capital sentencing jury from considering victim impact evidence that does not relate directly to the circumstances of the crime. In Payne v. Tennessee (1991), the Court held that Booth was […]
Competence and The Insanity Defense (Part 2)
The insanity defense allows the court to determine whether one with mental illness should be held criminally responsible for his or her conduct under the standard stated in N.J.S.A. 2C:4-1. It is an affirmative defense that defendant must specifically invoke. If the court finds that defendant lacks the ability to distinguish between right and wrong, […]
Competence and The Insanity Defense (Part 1)
In the case of State v. June Gorthy, decided on September 28, 2016, the New Jersey Supreme Court unanimously reversed the lower appellate court and Ocean County trial court in holding that a trial court cannot invoke the insanity defense over the objection of a defendant that has been found competent to stand trial. The […]
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