University of Pretrial Library

State v. Ingram (2017) 

08-02-2017 14:36

This is a decision from the NJ Supreme Court. The Court held that the State may proceed by proffer at a detention hearing. The Court rejected both statutory and constitutional arguments that live testimony is required. Addressing defendant’s procedural due process challenge, the Court emphasized the administrative burden inherent in requiring live testimony at each of the approximately ten thousand detention hearings to be heard annually in New Jersey. In passing, the Court noted that the government’s practice in the District of Columbia of calling a witness is neither statutorily nor constitutionally compelled. The Ingram Court further observed that New Jersey prosecutors have broader discovery obligations than their District of Columbia counterparts. The Court emphasized, however, that trial courts in New Jersey retain discretion to require live testimony in the event that they are dissatisfied with the State’s proffer.

#Judicial #CourtRules

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