State v. Michaels
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Summary

The New Jersey Supreme Court held that coercive, suggestive interviews can distort children’s memories, so a pretrial hearing is required, and the State must prove the testimony remains reliable by clear and convincing evidence.

1994 | State Juristiction

State v. Michaels

Keywords New Jersey Supreme Court; coercive interviews; suggestive interviews; children's memories; pretrial hearing; reliable testimony; clear and convincing evidence; legal precedent; child witness; memory distortion
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Summary

The New Jersey Supreme Court determined that interviews with children that involve coercion or suggestion can alter their memories. Therefore, a hearing must take place before the trial. During this hearing, the State is responsible for demonstrating, with clear and convincing evidence, that the child's testimony remains trustworthy despite the interview techniques used.

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Summary

The New Jersey Supreme Court has ruled that children's memories can be negatively affected by interviews that are coercive or suggestive. Because of this, a hearing is now required before a trial can begin. During this hearing, the State must show strong evidence that the child's testimony is still dependable.

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Summary

The New Jersey Supreme Court decided that interviews with children, if they are forceful or suggestive, can change what a child remembers. Because of this, a special hearing must happen before a trial. At this hearing, the State has to show strong evidence that the child's testimony is still trustworthy.

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Summary

The New Jersey Supreme Court decided that interviews which push or suggest answers can change what children remember. Because of this, a special meeting must happen before a trial. At this meeting, the State has to show clear and strong proof that the child's statements can still be trusted.

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Footnotes and Citation

Cite

State v. Michaels, 136 N.J. 299, 642 A.2d 1372 (1994)

Highlights