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What Are Defendant’s Trial Rights?

by Christopher G. Aiello

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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. Thomas132 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).

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About the Author

Christopher G. Aiello

Christopher G. Aiello is a partner at Aiello, Harris, Abate Law Group PC.

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