Privilege Against Self Incrimination under New Jersey Law

Last week I blogged about the Fifth Amendment, Miranda v. Arizona1, and the right to remain silent. This post will summarize how New Jersey’s privilege against self incrimination applies more broadly than federal law. Additionally, it will look at issues related to federalism.

privilege against self incrimination, right to remain silent, fifth amendment, new jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerBefore an American court will admit a confession, the State must prove the police informed the individual of her rights. Additionally, the State must prove s‎he knowingly, voluntarily, and intelligently waived her rights before she confessed. Indeed, these warnings negate perceptions related to psychological stress in police-controlled circumstances. This stress might compel a person to ‎speak where she would not have spoken otherwise. Read more


The Right to Remain Silent, Miranda v. Arizona

right to remain silent, miranda v. arizona, privilege against self incrimination, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerCharged with 13 counts of forgery and theft, a Trenton woman allegedly passed fake money at several businesses. Raritan Township cops nabbed the 18 year old after she allegedly used counterfeit $100 bills at a CVS Pharmacy and a Hallmark. While locked up, the police interrogated her and later filed the charges, per nj dot com. Indeed, the cops charged her the day after they interrogated her. This strongly suggests she waived the right to remain silent and confessed. Keep on reading!