The following section was added to the Attorney General Criminal Justice Reform Directive: 4.6.3.a 0ffenses for which the ODARA Shall be Completed. The ODARA’s requirements of physical contact or a threat of death with a weapon will exclude from risk assessment some offenses that might be charged as domestic violence (e.g. harassment, N.J.S.A. 2C:33-4; criminal […]
AG Modifications to CJ Reform Policies: Part 8
A footnote to the now-removed section 4.6.3 of the Attorney General Guidelines regarding Criminal Justice reform reads: N.J.S.A. 2C:25-26(a), which is part of the Prevention of Domestic Violence Act and was not amended by the Bail Reform Law, provides: When a defendant charged with a crime or offense involving domestic violence is released from custody […]
AG Modifications To CJ Reform Policies: Part 7
The old section 4.6.2 from the Attorney General Criminal Justice Reform Directive was replaced with the following section, consistent with the Attorney General’s new emphasis on detaining all alleged “domestic violence” offenders pretrial: 4.6.2 Critical Definitions for the ODARA. For the purpose of scoring the ODARA, the following definitions shall apply: Assault: the most recent […]
AG Modifications to CJ Reform Policies: Part 6
The following section was also removed from the Attorney General Criminal Justice Reform Directive, consistent with the Attorney General’s new emphasis on detaining all alleged “domestic violence” offenders pretrial: 4.6.2 Special Factors in Domestic Violence Cases. In determining whether to apply for a complaint-summons or a complaint-warrant in domestic violence cases, the police officer or […]
AG Modifications To CJ Reform Policies: Part 5
The amended section 4.6.1 of the Attorney General’s Directive regarding criminal justice reform reads: 4.6.1 The Need for a Risk Assessment Tool in Domestic Violence Cases. The automated pretrial risk-assessment and the resulting Public Safety Assessment (PSA) do not account for certain risk factors that are widely recognized as predictive of the likelihood of a […]
AG Modifications To CJ Reform Policies: Part 4
A related new section addressing Domestic Violence offenses reads: 4.5.1 b Ontario Domestic Assault Risk Assessment Score of 3 or Higher In domestic violence cases that require completion of the ODARA, a law enforcement agency shall apply for a complaint-warrant when a defendant’s final score (i.e., after any proration) is 3 or higher—regardless of the […]
AG Modifications To CJ Reform Policies: Part 3
The assessment can be scored with up to five missing items, and the raw score is subject to proration for unknown or missing items. A defendant is placed in one of seven categories of risk utilizing his/her final score. Each risk category correlates to a research-validated statistical likelihood of recidivism (e.g., a defendant scoring a […]
AG Modifications To CJ Reform Policies: Part 2
The second change to the Attorney General’s Directive involved changing all references to the “Risk Assessment” tools to refer to them as “Public Safety Assessment” tools. This change is reminiscent of the “new speak” referenced in George Orwell’s famous novel, 1984. The novel referred to the power of language and the Government’s tendency to replace […]
AG Modifications To CJ Reform Policies: Part 1
On September 28, 2017, the New Jersey Attorney General issued a revised Directive regarding how police and prosecutors are to handle cases in the wake of this past year’s criminal justice reforms. Predictably, the Attorney General’s policy changes are geared towards subjecting more defendants to pre-trial detention. The more people detained pre-trial, the more people […]
Investigative Detentions & Reasonable Suspicion: Part 2
Campan asked defendant what she was doing, and she replied that she was smoking a cigarette. Campan testified that he did not observe a cigarette or cigarette butt. Campan asked her why she began to scuffle around the passenger-seat area when he pulled his car up behind hers. Defendant replied that she had been applying […]
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