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 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 […]
False Statements and Immigration Benefits: Part 4
If that much is true, the inquiry turns to the prospect that such an investigation would have borne disqualifying fruit. The Government need not show definitively that its investigation would have unearthed a disqualifying fact. It need only establish that the investigation “would predictably have disclosed” some legal disqualification. Id., at 774. If that is […]
False Statements and Immigration Benefits: Part 3
The statute Congress passed, most naturally read, strips a person of citizenship not when she committed any illegal act during the naturalization process, but only when that act played some role in her naturalization. When the underlying illegality alleged in a §1425(a) prosecution is a false statement to government officials, a jury must decide whether […]
False Statements and Immigration Benefits: Part 2
Justice Kagan, writing for a six-justice majority, held that the text of §1425(a) makes clear that, to secure a conviction, the Government must establish that the defendant’s illegal act played a role in her acquisition of citizenship. The pro-prosecutor wing of the Court, Justices Gorsuch, Alito, and Thomas, all concurred in the judgement, but differed […]
False Statements and Immigration Benefits: Part 1
On June 22, 2017, the United States Supreme Court decided the case of Maslenjak v. United States. Petitioner Divna Maslenjak is an ethnic Serb who resided in Bosnia during the 1990’s, when a civil war divided the new country. In 1998, she and her family sought refugee status in the United States. Interviewed under oath, […]
Upskirting And Invasion Of Privacy
On August 31, 2017, a three judge Appellate panel decided the case of State v. Joshua Nicholson. The panel included former Monmouth County Criminal Presiding Judge Francis Vernoia. A principle issue in the case was whether taking a picture of a woman up her skirt (“upskirting”), constitutes an invasion of privacy pursuant to N.J.S.A 2C:14-9b. […]
New Child Porn Laws: Part 3
“N.J.S.A. 2C:24-4. Endangering Welfare of Children” was amended as well. The first change involved a broadening of the definition of “Item depicting the sexual exploitation or abuse of a child.” The definition now includes “a photograph, film, video, an electronic, electromagnetic or digital recording, an image stored or maintained in a computer program or file […]
New Child Porn Laws: Part 2
Notwithstanding the provisions of N.J.S.A. 2C:1-8, a conviction of leader of a child pornography network shall not merge with the conviction for any offense which is the object of the conspiracy, nor shall the other conviction merge with a conviction under this section. Nothing contained in this section shall be construed in any way to […]
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