Entries by Holly

FACTORS LEADING TO WRONGFUL EYEWITNESS IDENTIFICATION IN NJ

Eyewitness misidentification has led to the wrongful incarceration of many people, some of whom have been exonerated from prison. Contrary to what some New Jersey residents may think, not all people being held in prison are guilty of the crime they are accused of committing. This was true for a Newark man, who was released […]

EXPUNGEMENT OF CRIMINAL RECORDS IN NEW JERSEY

If you have been arrested or convicted of a crime in New Jersey, you may simply want to move on with life without a criminal record haunting you in the future. It is true in many respects that decisions made earlier in life are not reliable indicators of future behavior. Unfortunately, many people still see […]

DOJ MODIFIES SORNA

On January 11, 2011, modifications to the federal Sex Offender Registration and Notification Act (SORNA) took effect. The Department of Justice (DOJ) issued the modifications “to provide guidance and assistance to jurisdictions in implementing the SORNA standards.” The modifications are intended to address issues that some jurisdictions were having putting SORNA into effect. SORNA Part […]

CONVICTED OFFENDERS AND THE NEW UNEMPLOYMENT EPIDEMIC

The economic downturn, the housing market crash, and the persistently high unemployment rates have been weighing heavily on the majority (arguably 99%) of the American people. As to determining the method needed to bring the economy out of this slump; well, that can be debated between economists. As the news media covers the differing perspectives […]

COMMUNITY SUPERVISION FOR LIFE: AN ONEROUS CONSEQUENCE

Beyond the consequences of Megan’s Law (registration with local authorities, Internet registration), those who are convicted of certain sex offenses in New Jersey face another onerous consequence, the special sentence of Community Supervision for Life (CSL). CSL – also referred to as Parole Supervision for Life (PSL) – is a condition of parole that is imposed […]

CELL PHONE LOCATION INFORMATION REQUIRES A PRIOR SEARCH WARRANT

The United States and New Jersey Constitutions both protect against unreasonable searches and seizures. In determining whether an individual’s rights have been violated, a court may consider whether government action abused the individual’s reasonable expectation of privacy. However, the tools available for “searching” change over time due to technological changes, such as the widespread use […]

BILL TO RESTRUCTURE NJ CHILD PORNOGRAPHY LAWS AWAITS GOVERNORS SIGNATURE

On June 24, 2013, the New Jersey State Senate unanimously passed bill S2493, which now awaits Governor Chris Christie’s signature prior to becoming enacted as law.  The bill, which addresses child sexual abuse and child pornography, aims to completely restructure criminal statute N.J.S. 2C:24-4 (Endangering the Welfare of a Child) to clearly distinguish between acts […]

BILL LOOKS TO PROHIBIT PLEA DEALS IN CERTAIN NEW JERSEY MEGAN’S LAW CASES

Last month, a New Jersey lawmaker introduced a bill that would forbid prosecutors from entering into plea bargains with those accused of New Jersey Megan’s Law offenses if the plea bargain would result in the accused not be required to register as a sex offender – effectively taking away some of the discretion afforded to prosecutors in […]