Archive for November 2010

New Jersey Attorneys Review Superior Court of New Jersey…

NEW JERSEY ATTORNEYS REVIEW SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, OPINION DECLARING STATEMENTS MADE BY DEFENDANT DURING AND AFTER A POLYGRAPH EXAMINATION INADMISSIBLE.

A Superior Court of New Jersey, Appellate Division, decision rendered recently in a high profile murder case in Cape May County, NJ held that statements given by a defendant both during and after a polygraph examination are not admissible against the defendant in his upcoming jury trial. The Court upheld a decision of the trial judge which ruled the statements inadmissible due to coercion by law enforcement against the defendant to take the polygraph examination in the first place along with inadequate information provided to the defendant regarding his right against self-incrimination. According to the both the trial level judge and the Appellate Division, the defendant successfully invoked his privilege not to speak to law enforcement when he initially declined an offer to take a polygraph. According to the decision, the defendant initially declined the offer but was further encouraged to cooperate by law enforcement who informed the defendant that the test would be “a tool to help us to even clear you more.” Only a portion of a Miranda statement was read to the defendant prior to administration of the test.

Legal Quote of the Week:

As citizens of this democracy, you are the rulers and the ruled, the law-givers and the law-abiding, the beginning and the end.

Adlai E. Stevenson
Speech, Chicago, September 29, 1952