Robbery

Summary

Cell tower evidence is frequently used in criminal cases.

The New Jersey Supreme Court recently issued a pivotal decision in the case of State v. Roberson Burney, a case dealing with complex issues of evidence admissibility and the potential for cumulative error during a trial. The Court ruled that both expert testimony regarding the defendant’s cell phone location based on a “rule of thumb” approximation and a first-time in-court identification of the defendant were inadmissible. The combination of these errors, the Court held, deprived the defendant of a fair trial.

Sentencing Courts must carefully consider all aggravating and mitigating factors.

Following a criminal defendant’s conviction or guilty plea, a judge decides the appropriate punishment at sentencing. A sentence may include incarceration, probation, fines, restitution, community service and participation in rehabilitation programs. However, there may be instances where a judge is able to enhance or reduce a sentence based upon factors specific to the defendant and the crime committed.

Factors that indicate higher culpability, and may result in a harsher sentence, are known as “aggravating” factors. Examples of aggravating factors are: previous convictions, attempts to conceal or dispose of evidence, use of a weapon, targeting vulnerable victims, etc.

Articles Posted in Robbery

Understanding the NJ Supremes’ Decision in State v. Roberson Burney

Summary

Criminal Sentencing Considerations: State v. Cynthia Rivera