GOOGLE SCREENED
Digital Communications and Social Media Posts – A Fertile Source of Evidence in Criminal, Family Law, and Civil Litigation
Our courts have established how social media postings, including Texts, Twitter, Facebook, and other social media postings may be authenticated for admissibility in court. Authenticating such evidence is “flexible” and only requires a prima facie showing for authentication. New Jersey Courts are given “considerable latitude” in admitting digital communications and social media at time of trial. …
Texts, Emails, and Social Media Posts – The Admissibility of Digital Communications and Social Media Posts in the Courtroom
What to Know about Digital Messaging, Social Media, Investigations, and Litigation Whether the matter is a criminal investigation, criminal prosecution, civil action, and/or family law case, digital communications, texts, emails, and social media posts are fertile and increasingly common sources of evidence in investigations and litigation. Digital communications such as texts, emails, and social media …
Is Big Brother Watching You? What Your Smart Phone May Reveal About Your Activities
In 2021, Pew Research Center conducted a survey that indicated that 85% of United States adults own a smartphone. Because of exponentially increasing technology, a digital footprint is often left without a smartphone user’s knowledge or consent. As the world enters an Orwellian age where businesses track likes, comments, and Google-search history to better tailor …
YOU MAY DANCE LIKE NO ONE IS WATCHING, BUT POSTING ON SOCIAL MEDIA MAY BE EXHIBIT A IN COURT
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 …
Getting Off of Megan’s Law Registration When the Conviction Occurred in New Jersey and the Registrant Lives in Another State – Catch-22 – They Don’t Make It Easy
By Eric Marcy, Esq. There is a twist in applying for release from the burdensome requirements of Megan’s Law registration and Parole/Community Supervision for Life. When the original Megan’s Law Order is entered in New Jersey and the person has subsequently moved to another State, some County Prosecutors may object to an application to vacate …
Factors that Matter in Applications for Relief from Megan’s Law Registration, Community Notification, and Supervision
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 …
Understanding Megan’s Law Tier Level Designations, the Registrant Risk Assessment Scale Guidelines, and an Approach for Challenging a Tier Level Risk Designation
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 …
Challenging So-Called “Objective” Psychological Tests: The Use and Abuse Of Psychological Testing In Trials, Sentencing, Parole Consideration, And Custody Disputes
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 …
The New Jersey Department of Correction’s Misuse of the E-1 Override in Classification Decisions and the Impact on Prison Designation, Programming, and 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 Minnesota Multiphasic Personality Inventory Product Line (“MMPI-2, MMPI-2-RF, MMPI-3 ©)
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 …
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