Be Aware of Evidence on Social Media Involving Anticipated or Pending Investigations or Litigation

By Eric Marcy |   Dec. 27, 2016

            Under the recent case of State v. Hannah, Docket No. A-5741-14T3, (N.J. App. Div. Decided December 20, 2016; approved for publication), the courts have confirmed how Twitter postings may be authenticated.   Social media postings may now be authenticated as any other “writing” under New Jersey Rule of Evidence 901.  Despite the ease in which digital media may be manipulated, the court rejected an argument for a higher standard for authentication.  The court confirmed that a combination of circumstantial factors related to the posting, such as context, prior communications, expressing specific knowledge of an event/issue, profile information, and photographs may establish sufficient authentication.  Social media has become a rich source of information for litigation and authentication is possible through direct proof, circumstantial evidence, contents/knowledge, reply and other miscellaneous methods of establishing reliability as any other form of writing.

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Topics : Criminal Law, Evidence, Social Media, twitter evidence, evidence spoliation, Investigations, Authentication | 0 Comments Read More

WATCH OUT FOR THE “PSYCHOPATHS” THE PSYCHOPATHY CHECKLIST-REVISED (PCL-R)©

By Eric Marcy |   Dec. 16, 2016


CHALLENGING SO-CALLED "OBJECTIVE" TESTING

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Topics : Mental Health, Criminal Law, Psychological Test, Parole, experts, Psychology | 0 Comments Read More

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 |   May. 26, 2016

            There is a new 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 the registration/notification Order, asserting a lack of jurisdiction.   States have their own variations of offenses that require registration and the type of notification issues that result.  This has been viewed by some prosecutor's as depriving New Jersey of the jurisdictional authority to vacate its own original registration/notification Order.  That a registrant resides in another State should not deny that person the ability to return to New Jersey and seek a modification of the original New Jersey Order.  

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Topics : Criminal Law, NJ Criminal Justice Process, Megan's Law | 0 Comments Read More

Time to Get Off of Megan’s Law -  When Megan’s Law Notification and Parole Supervision for Life Becomes Counterproductive to Rehabilitation

By Eric Marcy |   May. 6, 2016

            Any person who is subject to the notification requirements of Megan’s Law and is subject to Parole Supervision for Life and/or Community Supervision for Life can tell you how difficult life becomes. It prevents or makes it very difficult to obtain employment or to obtain good employment. It interferes with developing normal healthy relationships with other people. It becomes very difficult to get married, establish a family, and live a normal existence.   Registration can result in hostility from neighbors, can interfere with employment, and may create issues relative to interfering with the establishment of a normal healthy family unit. Having law enforcement periodically visit one’s home, question family members, question neighbors, can be very destructive to a healthy and stable life.

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Topics : Megan's Law | 0 Comments Read More

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