Legal Question in Criminal Law in New Jersey
Interviewing Victims
When a child is being interviewd for an alleged sex assault, what are the procedures for interview? Also, in nj are their any regulations that prohibit the detective that interviewed the child to interview the suspect. In my opinion, the detective will already have bias during the interview of the suspect. What are the rules of interview in nj. I would think that the interviewer of the child should be differant that the one that interviews the suspect to assure that there is no bias during the interview. Please let me know.
3 Answers from Attorneys
Re: Interviewing Victims
The person who interviews the alleged victim (the child in this case) can also be the interviewer of the suspect. Any statements given by the suspect can potentially be subject to a motion to suppress depending upon how the interview was conducted. Also, I have had a lot of success in suppressing statements given by children and having indictments against my clients dismissed due to the lack of credibility of the statements given by the child. If you have been charged with the assault you spoke about, I would like to discuss your case with you in more detail. Please contact me about this. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Re: Interviewing Victims
We just finished a trial like this. No, there are no regulations at all and it is almsot always the case that the same detective interviews both people. This is a major focus area for our firm and we have acquired a lot of research from books such as Making Monsters that support your theory. If you are facing such a charge, I suggest you get a good attorney. Feel free to call me at 732/247/3340 and we can discuss your case.
Re: Interviewing Victims
There are rules for reviewing how a child was lead to give a statement to determine whether the child's statement is the product of the
interviewer's bias. The kind of rules that you describe do not exist as a matter of law. There is no law that says that it is an offense for the officer who interviews the suspect to also interview the alleged, child victim.
If a child's testimony is the product of police
bias and influence it may be suppressed by a
court.
Usually, what is needed for the trial is the assistance and services of a child psychiatrist.
There was a major child abuse case involving a
day care worker which was tried in Superior
Court in Newark a number years ago. The day care
worker was convicted of multiple sex offenses involving the children in her care and give a very long sentence. On appeal, the testimony of the alleged, child victims was determined to be
the product of over zealous police investigators and the conviction was overturned. The case law
from that case would be of great relevance to the
scenario which you describe.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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