Articles Posted in Due Process

For years, courts around the country have admitted “expert” testimony on bitemark analysis. These so-called experts have opined that bitemarks on human skin, often presented in sexual assault and murder trials, are distinct and “match” the defendant’s dental records. A new comprehensive federal report from the National Institute of Standards and Technology (NIST), still in…

In response to a dramatic surge in car thefts across New Jersey, State Attorney General Matt Platkin announced today that he is reversing a policy that prevented police officers from pursuing stolen cars. In late 2021, Platkin effected a statewide policy that prohibited police from chasing a stolen car unless they suspected it had been…

It’s 6 a.m. or 8 p.m., your doorbell rings and two people are standing outside holding up their badges and credentials. They say they are Special Agents with the FBI or IRS and would like to talk with you for just a few minutes about something important. They ask if they could come in to…

Sometimes you may hear about “due process” in connection with your rights in the criminal justice system. But what exactly does that mean, and what are its sources of authority? In this and some of our future posts we will address due process generally as well as its core opponents. The root of due process…

The “right to a speedy trial” is grounded in the Sixth Amendment. But this amendment provides much more than a requirement that the government not unduly delay a criminal trial. Below we break down the protections that this important part of the Bill of Rights includes. In summation, the Sixth Amendment gives criminal defense attorneys…

This post is the third in our series covering due process in criminal law actions. In the first two posts we addressed the concept of due process rights generally, and the Fourth Amendment to the U.S. Constitution in particular. In this post we will examine the Fifth Amendment. Although it is only a single paragraph…

This post continues our series examining the provisions of the Bill of Rights to the U.S. Constitution in connection to your rights to due process under federal and New Jersey law when you are accused of a crime. Thus far we have considered the Fourth, Fifth, and Sixth Amendments to the Constitution; here, we will…

In an earlier post we introduced the subject of how the concept of due process interacts with the criminal justice system. Although not all of the amendments that comprise the Bill of Rights to the U.S. Constitution are related to procedural due process, the 4th, 5th, 6th and 8th Amendments are directly connected to it.…