No Live Witness Guarantee at Bail Hearings, High Court Says
Criminal defendants in New Jersey facing pretrial detention under the state's new bail system do not have an automatic right to confront witnesses at their hearings, the state Supreme Court ruled on Tuesday.
August 01, 2017 at 01:03 PM
8 minute read
Criminal defendants in New Jersey facing pretrial detention under the state's new bail system do not have an automatic right to confront witnesses at their hearings, the state Supreme Court ruled on Tuesday.
In a unanimous ruling, the court said a prosecutor's proffer of a witness's testimony will generally suffice if pretrial detention is being sought, although the justices took care to point out that a judge retains the discretion to require live testimony from a witness if he or she is dissatisfied with the state's proffer.
“We find that the state is not obligated to call a live witness at each detention hearing,” wrote Chief Justice Stuart Rabner for the court.
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