What Are Defendant’s Trial Rights?

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 them, and can only be convicted upon proof of guilt beyond a reasonable doubt; furthermore, that conviction must be based on evidence admitted. N.J. Const., Art. 1, § 10. In re Yengo, 84 N.J. 111, 120 (1980), cert. denied, 449 U.S. 1124 (1981); In re Ruth M. Buehrer, 50 N.J. 501, 516 (1967). These protections are derived from both a defendant’s constitutional due process rights and statutory provisions in New Jersey. See In re Winship, 397 U.S. 358, 363 (1970); State v. Thomas, 132 N.J. 247, 253 (1993); N.J.S.A 2C:1-3a (proof beyond a reasonable doubt); State v. Cabbell, 207 N.J. 311, 328 (2011) (right to confront and cross-examine witnesses before jury).