There are no secrets on the internet. Today, people willingly post the most personal and sometimes embarrassing information about themselves, their families, their friends, and believe it or not, even their co-conspirators. If the Government was involved in investigating and compiling the detailed information that people willingly disclose, it would be accused of invading privacy and […]
By Eric Marcy, Esq. What is a Litigation Control Group? Who are Eligible to be Members? How Does One Confirm the Participants? A. Assessing the Structure of the Entity and Who the Attorney Represents When an attorney is brought into a potential investigation, regulatory, employment or litigation, or other legal advice matter that will involve issues subject […]
By Eric Marcy, Esq. Our laws specifically provide for and envision that a Megan’s Law Registrant may be discharged from registration, community notification, and Community/Parole Supervision for Life upon a finding that the Registrant is “not likely to pose a threat to the safety of others.” This legal blog post explores the steps Megan’s Law Registrants must […]
By Eric Marcy, Esq. The statutory system of registration and notification under Megan’s Law in New Jersey is intended to determine the danger of recidivism by an individual who has been convicted of a crime that falls within the parameters of Megan’s Law. With public safety as the goal in the Tiering designation system, it purports […]
By Eric Marcy, Esq. Criminal and civil courts and the New Jersey State Parole Board have accepted the use of psychological testing as an important component of making legal and factual determinations in both the civil and criminal litigation and for considerations as to whether a person is suitable for release on parole. Such testing may add an […]
By Eric Marcy, Esq. At times, a specific parole condition may become unnecessary, burdensome, or interfere with the parolee’s employment prospects and/or rehabilitation. The New Jersey Administrative Code sets forth the application process to the New Jersey State Parole Board through which a parolee may challenge the necessity and/or fairness of a specific condition of parole. […]
“Merry-Go-Round” Delay by Remand to the Full Board from a Successful Appeal and Reversal of a Board Panel Denial of Parole In Acoli v. New Jersey State Parole Board, 224 N.J. 213 (2016) the New Jersey Supreme Court reviewed the reversal of a denial of parole that was ordered by the Appellate Division. A Three Member Panel of the Parole […]
Once committed to the State Prison system, the Department of Corrections (“DOC”) performs a classification assessment which has implications for an inmate’s prison designation, housing, rehabilitative programming, and ultimately, on parole. A recurring issue involves the application of an E-1 override which results in a minimum classification of “medium” or “maximum” custodial classification status despite the […]
Misuse of Psychological Tests in Courts By Eric Marcy, Esq. The Purpose and Source of Data for the Various MMPI Products The MMPI-2 was a personality assessment tool for mental health diagnosis. It was used for decades in a variety of litigation contexts. To the extent that examiners continue to use this process in the forensic […]
By Eric Marcy, Esq. Challenging So-Called “Objective” Testing – The Use and Abuse of Psychological Testing in Litigation Nothing scares a fact finder like the designation that someone is a “psychopath.” The name itself once attributed to a client is a title that an adversary will bludgeon your client with repeatedly in cross examination, briefing and/or […]
