New Jersey Section 2C:28-5.4 – Standard for issuance
New Jersey’s perjury law, Section 2C:28-5.4, sets the standard for when a court can issue an order related to perjury charges. This section of the law has important implications for anyone involved in court proceedings in New Jersey.
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What Does the Law Say?
The key part of 2C:28-5.4 states:“No order may be issued under this act unless the court’s findings are made upon a preponderance of evidence adduced at a hearing.”This means the court has to hold a hearing and be presented with a preponderance of evidence that perjury was committed before issuing an order related to the charges.Preponderance of evidence is a lower standard than “beyond a reasonable doubt,” which is used in criminal trials. It basically means the evidence presented makes it more likely than not that perjury occurred.So the court doesn’t have to be 100% certain someone lied under oath to issue an order – just 51% or more based on the evidence.
When Would This Law Apply?
Section 2C:28-5.4 comes into play when the prosecution is seeking an order related to a perjury case in New Jersey.For example, they may ask the court for:
- An arrest warrant for the defendant
- A search warrant to obtain evidence
- An order to revoke the defendant’s bail
- An order to increase the defendant’s bail
- An order to remand the defendant into custody
In all these cases, the judge would need to hold a hearing and find a preponderance of evidence that perjury took place before issuing the order.So this law prevents the court from taking actions against a defendant until sufficient evidence is presented at a hearing.
What’s the Purpose of This Standard?
Requiring a preponderance of evidence prevents the court from issuing orders related to perjury charges based only on accusations.It helps protect the rights of defendants by ensuring there is solid evidence against them before the court takes action. This prevents orders from being issued unfairly or too early before the facts are known.The law also recognizes perjury can be hard to prove. Eyewitness testimony isn’t available because perjury occurs during court proceedings. And it often comes down to one person’s word against another’s.So the preponderance standard sets a threshold high enough to justify court orders but not too high to make prosecuting perjury impractical.
What Happens at the Hearing?
At the perjury hearing, the prosecution will present evidence and call witnesses to show it’s more likely than not that the defendant lied under oath.The evidence may include:
- Court transcripts and records
- Documents, emails, and other materials that contradict the defendant’s testimony
- Testimony from investigators regarding evidence that contradicts the defendant
- Witness testimony about the defendant’s actions and statements related to the alleged false testimony
The defendant can contest the evidence and call their own witnesses. But if the judge determines there is a preponderance of evidence that perjury occurred, they can issue orders related to the charges.
How Might the Defense Respond?
Some strategies the defense may use at a perjury hearing include:
- Arguing contradictory evidence is taken out of context or is incomplete
- Presenting evidence and witnesses that support the defendant’s testimony
- Claiming the defendant’s statements were simply mistakes, not intentional lies
- Asserting the defendant misunderstood the questions or was confused
- Suggesting lack of evidence proves the testimony was not false
But the judge will make the final determination on whether perjury most likely occurred based on the totality of evidence presented.
What Happens After the Hearing?
If the judge decides a preponderance of evidence supports the perjury charges, they can issue orders to move the case forward.This may include issuing an arrest warrant, revoking bail, or ordering the defendant to be taken into custody. The defendant can then be formally charged and the case proceeds to trial.However, if the judge finds insufficient evidence that perjury took place, they cannot issue orders authorizing actions like arrest or detention. But that doesn’t necessarily end the case.The prosecution can continue investigating to uncover more evidence of perjury and request another hearing. The standard remains the same – they need to present a preponderance of evidence to get court orders.
How Might This Law Impact Perjury Cases?
Section 2C:28-5.4 makes getting court orders early in a perjury case more challenging for prosecutors. They can’t just file charges based on suspicion and automatically get warrants and bail revocation.It also gives the defense more leverage in negotiations. If the evidence is limited, the prosecution may offer plea deals to avoid the risk of failing to meet the preponderance standard at a hearing.Overall, the law prevents perjury charges from being pursued lightly and ensures solid evidence exists before subjecting defendants to arrest, detention, and trial.But it doesn’t make prosecuting perjury impossible if prosecutors are willing to put in the work to build a strong case. The preponderance standard is still fairly low compared to criminal trials.So Section 2C:28-5.4 strikes a balance – it protects defendants from unfounded perjury charges but still gives prosecutors a viable path to pursue charges supported by compelling evidence.