by Fred Sisto | Aug 26, 2017 | Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County
The New Jersey Supreme Court held that neither the statute’s plain language nor principles of due process require the State to present testimony from a live witness at every detention hearing. Instead, the State may proceed by proffer to try to satisfy its...
by Fred Sisto | Aug 24, 2017 | Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County
The trial court rejected defendant’s claims. The court first found that the State could proceed by proffer at a detention hearing. The court relied on the language and legislative history of the CJRA and also looked to federal law for support. The court noted as...
by Fred Sisto | Aug 22, 2017 | Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County
On August 1, 2017, Chief Justice Rabner wrote for a unanimous New Jersey Supreme Court in the case of State v. Amed Ingram. The principle issue was whether the Criminal Justice Reform Act requires the State to present testimony from a live witness at detention...
by Fred Sisto | Apr 28, 2017 | Blog, Criminal Law, Juvenile Delinquency, Laws Protecting Children, New Jersey
The next issue to arise out of cases like this will likely be “what constitutes a lengthy period of parole ineligibility.” It is surprising that the Chief Justice did not anticipate this issue and set a bright line with a definite number of years. The Court continued:...
by Fred Sisto | Apr 26, 2017 | Blog, Criminal Law, Juvenile Delinquency, Laws Protecting Children, New Jersey
The New Jersey Supreme Court continued: None of the traditional goals of sentencing: retribution, deterrence, incapacitation, and rehabilitation justify life without parole for a juvenile. The opinion omits a traditional goal of sentencing that, for good reason, is...
