A recent report issued on November 10, 2022 by the New Jersey Office of the State Comptroller found various flaws in the training provided to New Jersey State Police (“NJSP”) officers. Deficiencies in officer training is an issue that must concern everyone. Here are some of the issues discussed in…
Articles Posted in Current Events
Credibility, Respect for Precedent, and the US Supreme Court
We are in the midst of the midterm elections, and abortion was a central issue because of the Supreme Court’s overturning of Roe v. Wade. This was obviously on the front burner this election season because of the effect on reproductive and privacy rights. But the overturning of Roe presents…
Answers to Questions Raised by the New Marijuana Legalization/Decriminalization Laws
The new marijuana legalization/decriminalization laws raise many questions that will be answered only with the passage of time and experience. Here are some responses to certain questions that will probably arise very quickly: What should an officer do if they smell marijuana coming from a vehicle during a motor vehicle…
Police Reform in New Jersey – Removing Hurdles to Uncovering Officer Disciplinary Records
Anyone who has been following the news over the past few months understands that serious instances of police misconduct have occurred (and continue to occur) throughout the country. The manner in which the police have handled George Floyd, Rayshard Brooks, and the protesters in Washington DC and Portland, Oregon, to…
Law Enforcement Gang Databases – Garbage in/Garbage Out
We frequently handle cases where the discovery states that law enforcement has identified our client as being gang-affiliated. Police agencies frequently collect information on individuals who they think are gang-involved and enter it into a database, which is then used to investigate criminal activity. Recent experiences in California, however, demonstrate…
Virtual Grand Juries – The Latest Bad Idea to Keep the Criminal Justice System Running During the Pandemic
Formal criminal proceedings in indictable (felony) matters begin with a prosecutor’s presentation of the State’s case to a grand jury. A grand jury consists of a body of 23 citizens who listen to the State’s witnesses and review any documents or other materials the State wishes to display, and then…
Privacy is in the News – Repeatedly
Two issues regarding the right to privacy, and its potential impact on criminal cases, appeared in the news recently. These issues have no relationship to each other, but can both be highly relevant to criminal cases. The first involves a your man who was living alone in a South American…
New York (Finally) Levels the Discovery Playing Field
Discovery in New York State criminal cases has long been completely unfair to defendants. The New York discovery rules have not been substantially revised since 1979. More than a dozen reform bills that have been introduced over the last 40 years have been successfully blocked by the State’s district attorneys’…
Is Bail Reform Reducing Jail Populations to the Greatest Extent Possible?
Bail Reform went into effect in New Jersey almost two years ago. Its stated goals included, among other things, a reduction in jail populations. At the heart of this issue was the implementation of a screening tool known as a Public Safety Assessment, or “PSA”, which is prepared by Pre-Trial…
New Supreme Court Justice Signals Changes in Several Important Areas
The face of the United States Supreme Court has changed considerably in a relatively short time. Two very conservative judges – Brett Kavanaugh and Neil Gorsuch – have now joined the bench. At least in some circles, it was believed that Gorsuch’s appointment would not have a monumental impact since…