NJ Law Enforcement Directive 2006-5 and Grand Jury Waiver

NJ Law Enforcement Directive 2006-5I blogged previously about NJ Law Enforcement Directive 2006-5 and it’s 2015 supplement (Directive).

Ordinarily it requires a grand jury to review use of force by law enforcement. The grand jury must determine whether the use of force was legally justified.

But recently internal governmental review without a grand jury presentation determined a New Jersey state trooper who shot a woman’s tire was justified, per the news. In this case, authorities decided not to convene a grand jury to review the officer’s use of force. Read more


New Jersey Attorney General Law Enforcement Directive 2006-5

Grand Jury, Indictment, New Jersey Constitution, New Jersey Attorney General Law Enforcement Directive 2006-5It happens. Not often, not even occasionally, but sometimes it happens. Indeed, “rarely” best describes a grand jury decision not to indict. Accordingly, in a rare occurrence, a Union County grand jury did not indict a police officer for allegedly shooting a man who attacked him. This post will summarize the right to a Grand Jury indictment in the context of New Jersey Attorney General Law Enforcement Directive 2006-5.

Shortly after 7 p.m. on Sept. 20, 2016, an assailant with a two-foot knife threatened residents in Clark, NJ, per the news. He allegedly threatened an elderly woman walking her dog. Subsequently, he chased other residents who came to help her.
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