|Silence by Johann Heinrich Füssli|
(1741 - 1825) [Public domain],
via Wikimedia Commons
Before a confession may be used, the State must prove the police informed the individual of her rights, and that she knowingly, voluntarily, and intelligently waived them.
These warnings negate perceptions related to psychological stress in police-controlled circumstances that might compel a person to speak where she would not have spoken otherwise.
New Jersey law is broader than federal law.
- BURDERN OF PROOF: New Jersey law requires the Prosecutor to prove waiver beyond a reasonable doubt. Federal law only requires proof or waiver by a preponderance of the evidence.
- KNOWING CONFESSIONS: State law requires the police to inform suspects when there is already a criminal complaint and arrest warrant. Federal law does not impose this notice requirement.
- ANALYTICAL FRAMEWORK: New Jersey courts consider waiver based on the totality of circumstances. Federal courts apply a bright line rule.
Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding the privilege against self-incrimination.
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