New Jersey Section 2C:104-1 – Definitions

New Jersey Section 2C:104-1 – Definitions: An Overview for Lawyers

New Jersey Section 2C:104-1 contains key definitions related to material witness orders in criminal cases. This section defines a “material witness” as someone who can provide testimony that is material to the prosecution or defense of a criminal offense, or an investigation into whether a criminal offense has been committed or is about to be committed.

Some key things for lawyers to know about Section 2C:104-1:

Who Qualifies as a Material Witness

Under the law, a “material witness” is a person who has information material to the prosecution or defense of a criminal offense. This includes not just witnesses to the actual crime, but anyone who has information relevant to establishing whether the crime occurred.

For example, an eyewitness would qualify, as would someone who provided key evidence like an alibi for the defendant. Even a more tangential witness like someone who saw the defendant with the murder weapon earlier in the day could potentially be considered “material. So the definition covers a wide range of potential witnesses.

Material Witness Order vs Subpoena

A material witness order is different from a typical subpoena. While a subpoena simply compels someone to testify, a material witness order allows law enforcement to actually detain a witness to ensure they testify.

So these orders are reserved for situations where there is a concern the witness might flee or refuse to testify voluntarily. It’s a much more coercive tool, allowing the state to deprive someone of liberty to secure testimony.

Constitutional Issues

Because material witness orders allow detaining witnesses preemptively, they raise due process issues. The U.S. Supreme Court has said probable cause must exist to believe the witness has material information and will flee if not detained.

There have also been concerns that federal authorities have abused material witness orders to detain people they suspect of crimes without actual evidence. So defense lawyers should be alert to any sign of improper motive behind these orders.

Timing and Duration of Detention

Importantly, the law requires that material witnesses be released once they provide their testimony or assurances are made that they will appear when required. In no event can detention last longer than 6 months.

So courts should inquire about precisely when the witness’s testimony will be required and tailor the detention period accordingly. Excessively long detention periods are constitutionally suspect.

Seeking a Material Witness Order

Under Section 2C:104-2, prosecutors apply ex parte to a judge for material witness orders. Defense counsel thus won’t have an opportunity to contest the application.

But counsel could try filing a motion to vacate if they believe prosecutors failed to demonstrate probable cause or set an unreasonable detention duration. It’s an uphill battle, but possible in egregious cases.

Takeaways

The key takeaways for lawyers about New Jersey’s material witness statute:

• Covers witnesses with information material to prosecuting or defending a criminal case
• Allows detaining witnesses to ensure testimony
• Differs from subpoenas in being more coercive
• Raises constitutional issues around due process and improper detentions
• Detention should be tailored to length truly needed for testimony

Hope this overview helps provide some context around Section 2C:104-1’s definitions! Let me know if you have any other questions.