The Justice System

The ninth article in an ongoing series intended to help NJ residents, especially students, understand their local and state government.

NJ’s justice system includes police, prosecutors, courts, correctional facilities and administrative tribunals. Each part serves a specific function to form a single structure.

Police

Police are the first point of contact with the justice system in most cases.

They stop individuals when they have a reasonable suspicion of criminal activity and are only allowed to make an arrest when there is probable cause. They must follow statewide policies issued by the Attorney General which includes rules on use of force and body camera activation. Police are required to respect constitutional rights during stops, searches and questioning.

Police do not decide guilt – they document and forward information to prosecutors who decide whether there is enough evidence to file charges.

Residents have very important rights in dealing with the police that they often do not exercise which includes:

-The right to remain silent
-The right to request an attorney during questioning.

Not exercising these rights, even in the interest of being helpful can lead to bad outcomes for innocent people.

Municipal Courts

Municipal courts are the entry point into the system and handle cases involving traffic offenses, parking violations, disorderly persons, noise complaints and other local code violations. They do not have juries – judges hear cases and decide outcomes. If a charge turns out to be more serious the court sends it to the county prosecutor and transfers it to the Superior Court.

The Superior Court

The Superior Court is the main trial court in each county and is divided into several parts.

Criminal Division handles the most serious crimes that can lead to prison sentences.

Civil Division handles lawsuits between individuals or businesses including contract disputes and injury claims.

Family Division handles domestic violence cases, restraining orders, custody disputes, child welfare matters and juvenile cases.

Probate Division handles wills, estates, guardianships and certain mental health proceedings.

Appellate Courts

Residents can appeal their cases when they believe a legal error impacted its outcome through the Appellate Division which will review the case from the lower court. It is important to know that the purpose of an Appeal is NOT to retry a case. Its focus is on whether the trial judge applied the law correctly.

The New Jersey Supreme Court

The New Jersey Supreme Court is the highest court in the state, is responsible for interpreting state law and the State Constitution and serves three primary purposes:

-Review cases that raise significant legal questions
-Address conflicts in lower court decisions
-Review cases that involve issues of public importance.

Like the Appellate, The NJ Supreme Court does not retry cases or hear witnesses –it reviews the record and determines whether the law was applied correctly in a case.

The Court consists of a Chief Justice and six Associate Justices appointed by the Governor with the advice and consent of the Senate. Once confirmed they serve an initial term followed by a reappointment process and then may serve until the mandatory retirement age. The Court hears appeals from the Appellate Division but selects only a small percentage of cases each year. When it issues a decision that ruling becomes binding on every lower court in New Jersey.

The Supreme Court also oversees how the legal system operate by…

-Setting statewide rules for courts and attorneys
-Regulating judicial conduct
-Approving ethics standards
-Overseeing procedures in criminal and civil cases.
-Supervising attorney discipline, the Committee on Character and the rules for admission to the bar.

It can also create committees and commissions to look at issues like sentencing, bail reform and access to justice.

Prosecutors and the Attorney General

Every county has a prosecutor appointed by the Governor who review serious cases and direct investigations. They present matters to grand juries and represent the state in prosecuting crimes in the Superior Court. They have the decision making power on whether a case moves forward, is downgraded or dismissed.

The Attorney General oversees all law enforcement in the state and issues statewide policies for police conduct, investigates matters that cross county lines, reviews use of force incidents, supervises county prosecutors and leads the Division of Criminal Justice in statewide cases. The AG also represents state agencies in legal matters and enforces consumer protection and civil rights laws.

Juvenile Justice

Understandably, juvenile cases are handled differently than adult cases -they go to the Family Division with a greater focus on rehabilitation. Hearings are private and in most cases -records are confidential and many cases are resolved through diversion programs that steer minors away from incarceration and connect them to counseling, supervision and educational support. Juveniles can be transferred to the adult system in rare cases where the allegations are serious.

Minors in New Jersey have specific rights in addition to the right to remain silent and the right to an attorney. Police can’t force a minor to answer questions and the court looks closely at whether any statement was voluntary. Police must also make reasonable efforts to notify a parent or guardian when a minor is taken into custody.

Juveniles cannot waive Miranda rights unless a court later determines the act was knowing, intelligent, and voluntary given their age and circumstances.

Like adults, minors have the right to an attorney in all proceedings and the court will assign a public defender if the family can’t afford one. Courts must consider the age, developmental maturity and individual circumstances in every decision involving a minor.

School Settings

Students don’t lose their rights when they enter school and have the right to be free from unreasonable searches. School staff can search a student or their belongings only when there is a reasonable suspicion that a rule or law has been violated. The search must be related to the reason for the suspicion and cannot be excessively intrusive. Policies involving broader searches (locker checks for example) need to applied in a fair and non-targeted manner.

Students also have rights when questioned at school. School officials may question students about school discipline but when police become involved additional important protections kick in. If a school official questions a student on behalf of law enforcement the situation is treated as a police interview. The student has the right to remain silent, the right to an attorney and parents or guardians must be notified when police want to question a student.

If a school resource officer is present the student has the same rights they have during any police encounter outside of school. An officer cannot force a student to answer questions. Students should ask to speak with a parent and attorney before any interaction with the police and (like adults) should remain silent until their attorney is present.

Schools must follow privacy laws and aren’t allowed to share student statements or records with police without considering state and federal protections. Families have the right to review records and request corrections.

Students facing suspension or expulsion have the right to be informed of the charges along with an opportunity to respond. Long term discipline requires a hearing andstudents with disabilities have additional protections that require the school to assess whether a behavior was related to the student’s disability before imposing significant discipline.

These rights extend to undocumented students.

Jails and Prisons

New Jersey has county jails and state prisons. County jails hold people awaiting trial or serving short sentences while state prisons (operated by the Department of Corrections) hold people serving longer sentences after conviction.

Administrative Law and the Office of Administrative Law

A large part of the justice system takes place outside traditional courts. A good number of disputes between residents and state agencies go to the Office of Administrative Law and include..

-Special education disputes
-Appeals involving Unemployment
-Environmental permit challenges
-Professional licensing issues
-Civil service discipline
-Medicaid eligibility and disputes
-School Ethics Complaints

An administrative law judge hears the case, reviews evidence and issues a recommendation. The agency itself is responsible for making the final ruling.

Residents may appeal to the Appellate Division if they disagree.

One vulnerability to the Administrative Law process is that political appointees, not Judges, end up responsible for the final decision.

Bail and Pretrial Release

New Jersey uses a risk based pretrial system that focuses on safety rather than income. Courts use a Public Safety Assessment to evaluate the risk that a person will miss court or commit a new offense. Judges review this score, police reports and hear arguments from both sides before making a decision to release someone with conditions or incarcerate them.

Conditions can include reporting to pretrial services or avoiding specific locations and any violation can lead to stricter requirements or detention.

Complaints and Accountability

Residents are able to report misconduct and rights violations.

When a complaint involves the police, residents can file it anonymously with the police department’s Internal Affairs unit . IA is required to accept all complaints at any time.

The Office of Public Integrity and Accountability handles serious misconduct, use of force cases and corruption.

The Division on Civil Rights investigates discrimination in housing, employment and public services.

Residents can request body camera footage or certain records for clarity.

The Advisory Committee on Judicial Conduct and the Office of Attorney Ethics review complaints involving judges and attorneys.

Your Rights During Police Encounters

The right to remain silent and the right to an attorney protect all people during police encounters. These rights apply to anyone coming into contact with the police including suspects and witnesses. Speaking without a lawyer is risky because questioning is focused on gathering evidence and anything said may be used in court.

Cooperation never requires answering questions- you can be respectful, follow instructions and remain silent.

Courts are not allowed to use silence as evidence of guilt after Miranda has been applied or if interactions with police occur within a custodial setting.

What Miranda Rights Are and When They Apply

Miranda rights are the warnings police must give before questioning someone who is in custody. The warnings explain that..
-The person has the right to remain silent
-That anything said may be used in court
-That the person has the right to an attorney and that an attorney will be provided if the person cannot afford one.

The purpose of these warnings is to ensure that no one gives up their rights without understanding them.

Miranda rights apply only when a person is in custody and being questioned. Custody means the person is not free to leave and if police question someone without giving the Miranda warnings the statements made during that questioning usually cannot be used in court.

This rule protects people from being pressured or confused in high stress situations.

The safest approach in any police encounter is to clearly state that you are choosing to remain silent and that you want an attorney. Once this is said police must stop questioning until an attorney is present.

Why Witnesses Also Need Attorneys

Witnesses face the same risks as suspects and someone may not know whether they are a suspect as police don’t have to disclose that information. A person can go from being a witness to being a suspect as a result of a small mistake or guess being written down as fact. An attorney protects witnesses by ensuring accurate communication and preventing speculation.

Again – the safest answer to any police questioning is: “I am choosing to remain silent. I want an attorney.”

The Right to a Defense

Every person charged with a criminal offense has the right to a defense. A defense attorney challenges evidence, examines police conduct, files motions, negotiates with prosecutors and represents the person in court.

If someone cannot afford counsel the court will assign a public defender. If someone does not qualify for a Public Defender but still cannot pay the court can create a payment plan.

Your Responsibilities

Using your rights does not mean refusing lawful commands.
In NJ, a person must
– Provide identification when required
-Appear for court dates
-Follow court orders

Explore the Entire ‘Understanding Your NJ Government’ Series