Sutnick & Sutnick Attorneys at Law
Hackensack 201-212-4532

April 2013 Archives

New Jersey man claims that machete attack was self-defense

Long before the invention of the modern judicial system, society recognized self-defense as a legitimate form of violence. This universally accepted principal, that people have the right to defend themselves against the aggressions of others, even when such behavior would be a crime otherwise, has been adopted by every state, as well as by the federal government. While the specific rules vary depending on the jurisdiction, the principle remains the same.

Changes to the rules of evidence may benefit defendants

The New Jersey rules of evidence, like the federal rules, were designed to govern how forms of proof are offered at trial. Under the federal rules of evidence, for example, a prosecutor cannot introduce evidence of a past crime for fear it may prejudice the jury. This can be particularly important in cases involving violent crimes such as domestic violence charges and aggravated assault where a prior conviction could be the nail in the coffin for the defendant.

Keeping kids out of jail may help reduce juvenile crime

Juvenile justice is based in part on the belief that juvenile offenders, more so than adults, are redeemable. The origins of juvenile law in the U.S. can be traced back to the mid-1800s, when lawmakers began to worry that institutionalizing children with adults was doing more harm than good. In an attempt to save these children, a progressive era in juvenile law sprang forth, and with it came the early stages of our modern juvenile justice system.

Supreme Court clears man of DWI charge for procedural violation

Citizens accused of crimes in the United State have certain procedural rights. Some of these procedural rights are guaranteed in the U.S. constitution, while others are imbedded in state and federal statutes. Regardless of whether procedural rights are constitutional or statutory in nature, they are designed to ensure a fair application of due process. Due process refers to the formal procedures by which judicial proceedings are carried out.

Violent crime charges await for man in New Jersey

During the course on an investigation, police in New Jersey will often perform numerous tasks aimed at discovering the identity of those suspected of a crime, including interviewing bystanders who may have witnessed the event or know something of the situation. In some cases, police will rely on this information to make and arrest, which can lead to charges against a defendant. Whether resulting in a charge such as aggravated assault or a different violent crime, because the stakes are high - and the consequence severe - such evidence must be tested at trial to ensure those charged receive fair treatment.

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