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The Right To Counsel The Sixth Amendment to the United States Constitution, as well as its New Jersey analogue, Article I, paragraph 10, guarantee an accused the right to counsel. This right to counsel presupposes reasonable, effective and adequate assistance of counsel. Kimmelman v. Morrison, 477 U.S. 365, 377 (1986); Strickland v. Washington, 466 U.S. … Continue reading When Does The Right to Counsel Begin?
Pretrial intervention (“PTI”) provides a mechanism for a defendant to avoid criminal charges completely. While not every defendant is an appropriate candidate for PTI, it is unique opportunity for some defendants to avoid the expense of trial, potential incarceration, as well as the stigma and other attendant consequences of a criminal conviction. From a defendant’s … Continue reading What Is Pretrial Intervention?
There are five purposes of PTI: (1) to enable defendants to avoid ordinary prosecution by receiving early rehabilitative services to deter future criminal behavior; (2) to provide defendants who might be harmed by the imposition of criminal sanctions with an alternative to prosecution; (3) to avoid burdensome prosecutions for “victimless” offenses; (4) to relieve overburdened … Continue reading What Are The Purposes Of PTI?
The vast majority of criminal cases in New Jersey and elsewhere are disposed of via plea bargains. From the prosecution viewpoint, a plea bargain assures the State of a conviction without the necessity of a time consuming and expensive trial, and allows for allocation of scarce resources. A plea agreement requiring a defendant’s cooperation with … Continue reading Why Are There Plea Bargains?
The State rules, in contrast to federal practice, provide for broad disclosure of the prosecution’s file, as well as that of a defendant as part of pretrial discovery. See State v. Montague, 55 N.J. 387, 394-395 (1970). Thus, the State must either provide, or permit the defendant to inspect and copy or photograph the following … Continue reading What Is Discovery From The Prosecution?
The State must disclose to the defense all exculpatory material pursuant to Brady v. Maryland, 378 U.S. 83 (1963) and its progeny. See, e.g., State v. Marshall, 123 N.J. 1, 172-185 (1991). This definition of exculpatory information includes so called Giglio v. United States, 405 U.S. 150, 154-155 (1972) material, which consists of evidence which … Continue reading Must The State Provide All Exculpatory Material?
An accused is guaranteed the right to a jury trial in serious crimes pursuant to the Sixth and Fourteenth Amendments to the United States Constitution and Article I, paragraph 9 of the New Jersey Constitution, as construed by the New Jersey Supreme Court. Duncan v. Louisiana, 391 U.S. 145, 159-161 (1968); State v. Hamm, 121 … Continue reading Does The Defendant Have A Right To A Jury Trial?
The State makes its opening statement in a criminal trial first, before any evidence is offered. R. 1:7-1. The defense may, but is not required to, make an opening statement. R. 1:7-1(a); see State v. Williams, 232 N.J. Super. 414, 418-419 (App. Div.), certif. denied, 117 N.J. 63 (1989). If the defense chooses to make … Continue reading What Is An Opening Statement?
Defendants are entitled to numerous other constitutional and statutory protections during the course of trial. They are cloaked with the presumption of innocence, have the right to confront and cross-examine witnesses against the,, and can only be convicted upon proof of guilt beyond a reasonable doubt (and that conviction must be based upon evidence admitted). … Continue reading What Are Defendant’s Trial Rights?
A defendant also has the right to testify on his or her own behalf. Rock v. Arkansas, 483 U.S. 44, 51-53 (1987); Nix v. Whiteside, 475 U.S. 157, 164 (1986); State v. Savage, 120 N.J. 594, 628 (1990); N.J.S.A. 2A:81-8. Alternatively, a defendant has the right to forego any such testimony pursuant to his or … Continue reading Does The Defendant Have A Right To Testify On His Own Behalf?
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