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Posts tagged "Criminal Defense"

Psychology tests in court could be faulty, study says

Some people in New Jersey who are facing misdemeanor or felony charges may find themselves being required to take psychological and IQ tests that are not supported by evidence. According to a study that appeared in the journal Psychological Science in the Public Interest, a third of the tests used are not reviewed in any professional publications. Only 40% of those that were reviewed were considered reliable while almost one-quarter were not. Despite this, the validity of these tests was challenged less than 3% of the time.

Miranda rights: More than the right to remain silent

"You have the right to remain silent." For many people in New Jersey, this is a familiar phrase. Even if people have not encountered it through their own experiences, they have heard these warnings on a police drama on television. However, people may not consider just how important the Miranda rights can be until they or a loved one face charges in a criminal case. The Miranda rights take their name from a 1966 Supreme Court case that affirmed the obligation of police to provide information to people they arrest about their rights under the Fifth Amendment, which protects people against self-incrimination.

Unproven investigative technique used widely by police

Many New Jersey residents may expect police investigations to be like those often portrayed in movies and TV dramas, focused on accuracy and taking advantage of the latest advanced scientific techniques. Unfortunately, however, some investigations and forensic techniques are fraught with pseudoscience and questionable tactics that allow police to go after a suspect they have already decided is guilty, regardless of the potential of a different perpetrator or the original suspect's innocence. Many techniques used by police, despite being taught in classes paid for by police departments around the world, are scientifically unproven and highly unreliable.

Community service sentencing can reinforce inequity

People in New Jersey often think of community service sentences as providing a win-win situation. People who are convicted of crimes, usually misdemeanors with fines attached, may be able to work through their sentence without harsh jail time or hefty fines they cannot afford. At the same time, society can benefit from their labor. However, a study released by the Labor Center and School of Law at UCLA indicates that community service sentencing does not avoid the overall inequities and problems with the criminal justice system. In particular, researchers say that people serving these sentences may suffer many of the same effects associated with heavy court debt.

How arrest rates are affecting younger generations

New Jersey residents may be interested in learning that about one quarter of arrests are for consuming alcohol or drugs without permission. Statistics show that 9% of arrests for men and 8% of arrests for women are connected to drugs while 11% of arrests for women and 16% of arrests for men are linked to underage drinking.

Civil rights groups worry about police access to personal data

Police officers and federal agents usually must obtain search warrants if they wish to search a New Jersey resident's home or automobile, and judges will only authorize searches when they are presented with sufficient probable cause. However, the confidential personal data that individuals share with technology companies is far easier for law enforcement to access. Most companies only ask for a subpoena before handing over this information, and police officers can obtain a subpoena without probable cause.

Age plays a role in overall crime rates

New Jersey residents might be interested to learn that Americans between the ages of 26 and 35 were 3.6 times more likely to have been taken into custody compared to those over the age of 66. This was according to a study called the Panel Study of Income Dynamics, which reviewed 35,000 individuals over a period of 50 years. Generally speaking, white men were less likely to be taken into custody than black men at a young age.

Racial disparities in misdemeanor sentencing

About 80 percent of the people arrested each year in New Jersey and around the country are charged with misdemeanors, according to figures from the Federal Bureau of Investigation. The vast majority of these cases are resolved by plea agreements rather than trials. Unfortunately, this often leads to harsher treatment of African American defendants.

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