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Category: Criminal Law

YOU MAY DANCE LIKE NO ONE IS WATCHING, BUT POSTING ON SOCIAL MEDIA MAY BE EXHIBIT A IN COURT

By Eric Marcy, Esq. 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 …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

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

By Eric Marcy, Esq. 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” …

Continue Reading…

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 …

Continue Reading…

Watch Out for the “Psychopaths” The Psychopathy Checklist-Revised (PCL-R) ©

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 …

Continue Reading…

The Millon™ Clinical Multiaxial Inventory Testing the Use and Validity of the MCMI-III™ In Court Cases

By Eric Marcy, Esq. The Millon Clinical Multiaxial Inventory III (“MCMI-III”™) is a popular assessment tool used by clinical psychologists, that has been in use since approximately 1977. This instrument has been the subject of many articles and books.[1] The theoretical basis derives from Millon’s theory of personality development, personality types, and personality disorders. The …

Continue Reading…

Getting Parole: Factors That Matter – A Person’s Age at the Time of the Crime

The passage of time and the maturity of an individual are significant factors in determining parole. Many juveniles who were sentenced as adults or those who commit crimes at the age of 18 or 19 are not likely to have developed impulse control or do not comprehend the full consequences of their actions.  Our courts …

Continue Reading…

YOU MAY DANCE LIKE NO ONE IS WATCHING, BUT POSTING ON SOCIAL MEDIA MAY BE EXHIBIT A IN COURT

By Eric Marcy, Esq. 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 …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

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 …

Continue Reading…

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

By Eric Marcy, Esq. 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” …

Continue Reading…

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 …

Continue Reading…

Watch Out for the “Psychopaths” The Psychopathy Checklist-Revised (PCL-R) ©

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 …

Continue Reading…

The Millon™ Clinical Multiaxial Inventory Testing the Use and Validity of the MCMI-III™ In Court Cases

By Eric Marcy, Esq. The Millon Clinical Multiaxial Inventory III (“MCMI-III”™) is a popular assessment tool used by clinical psychologists, that has been in use since approximately 1977. This instrument has been the subject of many articles and books.[1] The theoretical basis derives from Millon’s theory of personality development, personality types, and personality disorders. The …

Continue Reading…

Getting Parole: Factors That Matter – A Person’s Age at the Time of the Crime

The passage of time and the maturity of an individual are significant factors in determining parole. Many juveniles who were sentenced as adults or those who commit crimes at the age of 18 or 19 are not likely to have developed impulse control or do not comprehend the full consequences of their actions.  Our courts …

Continue Reading…