Due Process

More Junk Science – Bitemark Analysis

For years, courts around the country have admitted “expert” testimony on bitemark analysis. These so-called experts have opined that bitemarks on human skin, often presented in sexual assault and murder trials, are distinct and “match” the defendant’s dental records. A new comprehensive federal report from the National Institute of Standards and Technology (NIST), still [...]

By |2022-10-19T14:43:50-04:00October 19th, 2022|Criminal Charges, Criminal Discovery, Criminal Investigation, Criminal Trial, Discovery, Due Process|Comments Off on More Junk Science – Bitemark Analysis

In a Major Reversal, N.J. Attorney General Once Again Allows Police to Pursue Stolen Cars

In response to a dramatic surge in car thefts across New Jersey, State Attorney General Matt Platkin announced today that he is reversing a policy that prevented police officers from pursuing stolen cars. In late 2021, Platkin effected a statewide policy that prohibited police from chasing a stolen car unless they suspected it had been used [...]

By |2022-06-08T21:22:00-04:00May 2nd, 2022|Arrest Warrant, Convictions, Criminal Charges, Criminal Investigation, Due Process, NJ Superior Courts, Plea Bargaining, Police, Prison|Comments Off on In a Major Reversal, N.J. Attorney General Once Again Allows Police to Pursue Stolen Cars

What to Do When Federal Agents Come Knocking

It’s 6 a.m. or 8 p.m., your doorbell rings and two people are standing outside holding up their badges and credentials.  They say they are Special Agents with the FBI or IRS and would like to talk with you for just a few minutes about something important.  They ask if they could come in [...]

Due process in criminal cases: The 4th Amendment

In an earlier post we introduced the subject of how the concept of due process interacts with the criminal justice system. Although not all of the amendments that comprise the Bill of Rights to the U.S. Constitution are related to procedural due process, the 4th, 5th, 6th and 8th Amendments are directly connected to it. We will briefly cover each of these amendments going forward, starting with the 4th Amendment.

By |2021-05-25T18:15:33-04:00September 12th, 2016|Due Process, Fourth Amendment|0 Comments

Due process and the Eighth Amendment to the U.S. Constitution

This post continues our series examining the provisions of the Bill of Rights to the U.S. Constitution in connection to your rights to due process under federal and New Jersey law when you are accused of a crime. Thus far we have considered the Fourth, Fifth, and Sixth Amendments to the Constitution; here, we will look at the Eighth Amendment.

By |2021-05-25T18:16:24-04:00September 12th, 2016|Due Process, Eighth Amendment|0 Comments
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