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PREFACEPREFACEPREFACEPREFACEPREFACE
This volume is the fourth edition and complete revision of the Criminal Law Digest,
prepared by the New Jersey Division of Criminal Justice, Appellate Bureau. The third edition
was published in 1986, and supplemented with a pamphlet in 1988.
The Criminal Law Digest was originally envisioned as a ready reference desk manual
for trial and appellate prosecutors and deputy attorneys general who need quick access to
significant caselaw on most criminal law topics. It also serves as a convenient starting point
for further legal research on complex issues. While the Digest endeavors to comprehensively
treat the included topics, it is not intended to be an exhaustive study of the criminal law and
particular issues, which are often fact sensitive, and it should not be relied upon as such.
Furthermore, the Criminal Law Digest is not intended to express the official position
of the State of New Jersey or any of its departments, agencies or subdivisions on any particular
issue or controversy. Rather, it is a compendium of the state of the law in New Jersey and
includes a discussion of the caselaw and statutory references deemed pertinent on the included
topics which the contributors feel will be of assistance to trial and appellate prosecutors.
The staff has devoted considerable time and energy to updating the Digest with cases
decided and statutes enacted through February 1, 2001. Particularly noteworthy are develop-
ments in the law on bias crimes, capital punishment, constitutional law, evidence, habeas
corpus, juveniles, Megan’s Law, motor vehicles, search & seizure, self-incrimination, sentenc-
ing (3 Strikes Law and NERA) , victim’s rights and weapons.
Prepared By:
DIVISION OF CRIMINAL JUSTICE, APPELLATE BUREAU
KATHRYN FLICKER, DIRECTOR
ANNE C. PASKOW, CHIEF, APPELLATE BUREAU
RICHARD W. BERG, EDITOR
Published April 2001
c. 2001 Division of Criminal Justice Appellate Bureau