Criminal Law Blog

What Happens Between Spouses, Stays Between Spouses – Even If It’s A Crime

By Michael R. Ascher, Esq.   The New Jersey Rules of Evidence contain a strong privilege protecting communications between married couples.  The Rule provides that “no person shall disclose any communication made in confidence between such person and his or her spouse.” The privilege is based upon the strong societal policy encouraging spouses to share confidences and

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NEW JERSEY SUPREME COURT ALTERS DECADES-LONG APPROACH TO INSANITY DEFENSE IN CRIMINAL CASES

On September 9, 2013, the Supreme Court of New Jersey affirmed an Appellate Division decision in State v. Handy authored by the Hon. Jack M. Sabatino, J.A.D., which focused on a not-so-frequent scenario facing trial courts in criminal cases – the rare circumstance where a criminal defendant has both a substantive defense (like self-defense, for example) to a criminal prosecution and grounds to claim not guilty by reason of insanity.