Hughes Justice Complex, Trenton, NJ. Photo: Carmen Natale/ALM Rights of Sexual Assault Victims
We endorse victims being heard in court to the extent it does not interfere with the case law concerning a defendant's rights to a fair trial.
February 12, 2023 at 10:00 AM
4 minute read
Criminal Law
For the second time since November, the New Jersey Supreme Court has rendered a significant opinion balancing the constitutional rights of a defendant charged with crime and the rights of a victim of the alleged offense. In our editorial on State v Ramirez, decided on Nov. 21, 2022, we reviewed the court's decision which developed a procedure a defendant has to follow in order to seek an interview with the victim of a sexual offense, and held that, under the balancing test developed therein, the victim had a right to be heard and make decisions in the process. See "Heed High Court's Newest Balancing Test," 229 N.J.L.J. 18 (Jan. 2, 2023).
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