After an indictment has been allocated to a county for
trial, all issues relating to venue, including a motion to
change venue, must be addressed again to the assignment
judge designated to impanel the State grand jury and not
to the trial judge. State v. Mullen, 126 N.J. Super. 255
(App. Div. 1973), certif. denied 63 N.J. 252 (1973), cert.
denied 414 U.S. 875 (1973).
VICTIM’S RIGHTSVICTIM’S RIGHTSVICTIM’S RIGHTSVICTIM’S RIGHTSVICTIM’S RIGHTS
I. GENERALLY
In New Jersey, a constitutional amendment was
adopted in 1991, and amended in 1997, which requires
that victims of crime be treated with “fairness,
compassion and respect by the criminal justice system.”
In July, 1985, the “Crime Victims’ Bill of Rights”
(N.J.S.A. 52:4B-34 to 38) was signed into law. The
“Drunk Driving Victims’ Bill of Rights” (N.J.S.A. 39:4-
50.9 to 13) was signed into law in January, 1986. These
statutes together generally enumerate the rights of
victims in the criminal justice system. Among some of
the rights provided to victims by these laws are: the right
to be notified of the status of the case; the right to be
informed about the availability of compensation and
social services; the right to be free from intimidation; the
right to the prompt return of property; the right to secure
waiting areas in courthouses; the right to have
inconveniences associated with participation in the
criminal justice process minimized to the fullest extent
possible; and the right to be treated with dignity and
compassion by the criminal justice system.II. SERVICES THAT MUST BE PROVIDED TO
THE VICTIM
In 1988, the Attorney General Standards to Ensure the
Rights of Crime Victims was issued, pursuant to N.J.S.A.
52:4B-44. These Guidelines, revised in 1993, require
law enforcement agencies to provide certain services to
victims upon their request during the investigation and
the prosecution of criminal cases.In State in the Interest of J.G., N.S. and J.T., 151 N.J.
565 (1997), the Supreme Court upheld N.J.S.A. 52:4B-
44c, which gives the victim of an aggravated sexual assault
or sexual assault the right to request that the accused
offender be tested for acquired immune deficiency
syndrome (AIDS) or infection with the human
immunodeficiency virus (HIV). The J.G. Court also
found that the victim had an obligation to show that
there was probable cause to believe that there was an
exchange of bodily fluids. Furthermore, the Court stated
that the results of the AIDS or HIV test could not be used
against the accused offender in a criminal prosecution.In State v. Timmendequas, 161 N.J. 515 (1999), the
Supreme Court found that the Victim’s Rights
Amendment entitled a victim to attend the trial and to