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OBSCENITYOBSCENITYOBSCENITYOBSCENITYOBSCENITY (See also, ENDANGERING THE WELFARE OF CHILDREN, this Digest) I. CONSTITUTIONAL BAS ...

of age. Additionally, the section prohibits one from admitting a person under eighteen years of age to a theater then exhibiting ...

signs, each no more than forty square feet, was not unconstitutionally vague. The court cited the government’s interest in limit ...

defendant was a passenger on the suspicion that the occupants of the vehicle had been involved in an arson incident. Observing a ...

of money to the mother of a 15-year-old girl whom Jardim had allegedly molested as an inducement to leave the state and not retu ...

materiality to the jury, a “procedural defect ... that was changed after more than a century and a half does not represent the k ...

II. FALSE SWEARING A. Elements N.J.S.A. 2C:28-2 proscribes two forms of false swearing: the making of a false statement under o ...

POLICEPOLICEPOLICEPOLICEPOLICE This topic summarizes New Jersey law concerning the areas of police duty, misconduct, liability a ...

municipal court proceeding, State v. Dolton, 146 N.J. Super. 111 (App. Div.), certif. denied 74 N.J. 252 (1977). Police miscondu ...

For discussion on liability arising from false arrest, see Connor v. Powell, 162 N.J. 397. In Connor, an officer arrested plaint ...

The test is one of “objective reasonableness” in light of the totality of the circumstances and “without regard to their underly ...

Municipal Investigating Comm. v. Servello, 200 N.J. Super. 413 (Law Div. 1984). C. Creation of Police Departments The powers of ...

also State v. Melvin, 65 N.J. 1 (1974); State v. LaRocca, 81 N.J. Super. 40, 46-47 (App. Div. 1963). Such references are not onl ...

unfavorable to him, or submit as evidence the results of a prior unstipulated favorable polygraph examination, or introduce test ...

Id. How it effects the issue of guilt or innocence depends on the questions asked. Id. If the polygrapher determines that defend ...

as a purveyor of scientific truth, cross-examination alone was insufficient to protect defendant’s right to a fair hearing. Id. ...

B. Constitutionality N.J.S.A. 2A:170-90.1 (repealed; now this section) is constitutional in that it does not deprive defendant o ...

POST-CONVICTION RELIEFPOST-CONVICTION RELIEFPOST-CONVICTION RELIEFPOST-CONVICTION RELIEFPOST-CONVICTION RELIEF (See generally, R ...

Under “extraordinary circumstances,” a guilty plea can be “illegal” within the meaning of the post- conviction relief rules, but ...

conviction, or in a post-conviction proceeding brought and decided prior to the adoption of this rule, or in any appeal taken in ...