Supervised Release Revocation & Due Process

Hearsay is not admissible in supervised release revocation hearings unless the government shows good cause to deny the releasee's Due Process right to cross-examine adverse witnesses.
To determine good cause, hearing officers must consider:

1. the reliability of the hearsay, and
2. the cause why the witness is not produced.

United States v. Lloyd (3rd Cir. 2009).

Gang Violence and Criminal Law

This case involves the VICAR statute and addresses:

1. voir dire as related to Fifth Amendment due process and Sixth Amendment impartial jury rights,
2. proof of guilt beyond a reasonable doubt,
3. federal rules of evidence 401 and 403, and
4. sentencing.

United States v. Preston Jones a.k.a. Death (3rd Cir. 2009).

Sex in the Courtroom???

Due Process--Traditional Notions of Fair Play and Substantial Justice

The Due Process Clause of the United States Constitution governs a State's exercise of jurisdiction over a nonresident defendant. Thus, a "defendant's contacts with the forum State must be such that maintenance of the suit does not offend traditional notions of fair play and substantial justice."

Minimum Contacts Test

The "minimum contacts" with the forum State required to exercise jurisdiction over a nonresident will be found only if a defendant

1. "purposely avails [himself] of the privilege of conducting activities within the forum State" and
2. his contacts with the State are of a nature that "he should reasonably anticipate being haled into court there."

Categories of Personal Jurisdiction

The United States Supreme Court distinguishes between causes of action directly related to the defendant's contacts with the State, and causes of action that are unrelated to those contacts:

Specific Jurisdiction. Courts exercise specific jurisdiction over nonresidents where the cause of action directly relates to the nonresident's contacts with the forum state

General Jurisdiction. Courts exercise general jurisdiction over nonresidents where the cause of action is unrelated to the nonresident's contacts with the forum state

C.L. v. W.S., 406 N.J. Super. 484 (App. Div. 2009)