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

Not all Expressions of Purported Religious Beliefs are Protected by the First Amendment, Cavanaugh v. Bartelt, Docket No. 4:14-cv-03183-JMG-CRZ Doc # 47 Filed: 04/12/16

By Eric Marcy |   Apr. 18, 2016

The Dismissal of Federal and State Civil Right Claims

Federal District Court Declines to Protect the Church of the Flying Spaghetti Monster [FSM]
In an entertaining, thoughtful, and well-reasoned decision the Honorable John M. Gerard, United States District Judge, for the District of Nebraska, has defined the limits of the First Amendment in the recognition of religion and the protections afforded by Federal and State constitutional and statutory provisions protecting the Free Exercise of Religious Beliefs. Judge Gerard wades into the murky waters of what defines a “true” religion that is worthy of protection. In this case, the court engaged in an analysis of the tenets of an inmate’s assertion of religious belief and dismissed a lawsuit brought by the inmate. The court concluded that the Church of FSM is “satire” and not worthy of consideration as a religion or the protections afforded religious belief under Federal and State law. This case demonstrates that the Federal judicial system will not hesitate to determine the legitimacy of the assertion of personally held religious beliefs. An inmate at a Nebraska State Penitentiary filed a lawsuit in the District of Nebraska advancing the Federal and State Claims which protect the free exercise of religious beliefs. The Plaintiff alleges violations of the religious freedom provisions of: Read More

Topics : Constitutional Rights, Civil Rights Litigation, prisoner rights, free exercise of religion, civil rights, first amendment | 0 Comments Read More

The Millon™ Clinical Multiaxial Inventory Testing The Use And Validity Of The MCMI-III™ In Court Cases

By Eric Marcy |   Feb. 4, 2016

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 instrument relies on 175 “self-report” true false questions, which are dependent upon a subject’s self awareness and providing accurate responses to the questions. [2] Similar to other testing instruments the Millon attempts to build in validity scales to account for any misrepresentation of symptoms and attempts to “detect” "invalid profiles.”[3] The MCMI-III Manual itself specifically acknowledges “limitations and qualifications” regarding its use. The data derives from clinical sampling and “are applicable only to individuals who evidence problematic emotional and interpersonal symptoms or who are undergoing professional psychotherapy or a psycho diagnostic evaluation” and “the samples employed for such purposes are best drawn only from comparable clinical populations.” (T. Millon, R. Davis, P. Millon, , MCMI-III Manual, 2nd ed. (1997), at p. 6.[4] It “is not a general personality instrument to be used with normal populations or for purposes other than diagnostic screening or clinical assessment.”[5] Similar to the MMPI-2, the MCMI-III results may generate computer generated report, the manual itself cautions that “reading a computerized report is no substitute for clinical judgment. Only those trained in the limits of psychological tests are qualified to interpret them."[6]

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Topics : Criminal Defense, Division of Youth and Family Services (DYFS), Scientific Evidence, Criminal Law, Psychological Test, discovery, Eric Marcy, Parole, Domestic Violence, Division of Child Protection and Permanency (DCPP), Evidence, Healthcare, experts | 0 Comments Read More

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