Alan B. Handler

Name: In re Commitment of Edward S. — Concurrence
Author: Alan B. Handler

In re Commitment of Edward S.… (1990)

Summary

“In re Commitment of Edward S. — Concurrence”, published in 1990, is a work by Alan B. Handler. It explores elements such as hearing, privacy and committee.

Quotes from In re Commitment of Edward S.… (Alan B. Handler)

Alan B. Handler, In re Commitment of Edward S.… (1990)

“ I fail to see how one can conclude that because a person was once exposed to public scrutiny, the desire and need for privacy is no longer to be prized or preserved. The interests at stake in the underlying criminal trial are wholly different from those in the subsequent NGI hearings. At trial, the fundamental inquiry concerns the defendant's guilt or innocence. At NGI release [NJ159] hearings, the committee has already been judged, quite literally, "not guilty by reason of insanity." ”

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Source: Wikisource

Alan B. Handler, In re Commitment of Edward S.… (1990)

“ To a greater extent than in other types of cases, a judge in successive NGI proceedings will generally have the opportunity to become closely acquainted with the intricacies and nuances of the NGI committee's record of treatment and behavior. If the judge anticipates that the committee will remain institutionalized, there may be a lesser need to open the hearing to the public because there is a smaller risk of the damage to the public's sense of justice, so fervently invoked by the Court. ”

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Source: Wikisource

Alan B. Handler, In re Commitment of Edward S.… (1990)

“ I differ from the Court when it reasons that, because of the public nature of the criminal trial, there is a continuing need for public access to subsequent institutional-release proceedings and that this need is so great that 1 it overwhelms all other legitimate and appropriate concerns. I believe there are concerns that the Court does not stress having to do with the integrity of such hearings and the efficacy of the truth-determining procedures of such hearings, as well as with the privacy interests of the person whose liberty is at stake. ”

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Source: Wikisource

Alan B. Handler, In re Commitment of Edward S.… (1990)

“ A court must be mindful of the countervailing effects of public access and publicity and appropriately balance such concern. See Trantino, supra, 89 N.J. at 376, 446 A.2d 104 ("it is undeniable that public outrage over an imminent parole determination . . . has no place in a parole proceeding and is to be given no weight in a parole decision.") .
These considerations do not overcome the notion that an NGI-committee release hearing should ordinarily be open to the public. ”

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Source: Wikisource

Alan B. Handler, In re Commitment of Edward S.… (1990)

“ Finally, it is important to consider each successive release hearing separately. As this Court has previously observed, " [t] he standard for determining the need for continued institutionalization is 'dangerousness to self or society.'" Krol, supra, 68 N.J. at 259, 344 A.2d 289. "The reviewing court must consider any improvement or deterioration in the committee's condition since the initial hearing, which serves to increase or decrease the danger he would pose to himself or the community under the current level of restraints." ”

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Source: Wikisource

Alan B. Handler, In re Commitment of Edward S.… (1990)

“ We have recognized in other kinds of proceedings, that, although the public has a 3 legitimate interest in what happens to a person who has been subjected to criminal prosecution, other considerations can militate against open hearings or can dictate limitations of the extent of public access. See, e.g., N.J. Parole Bd. v. Byrne, 93 N.J. 192, 460 A.2d 103 (1983) (public access to parole hearing may be limited) ; In re Trantino Parole Application, 89 N.J. 347, 446 A.2d 104 (1982) (same) . Even in criminal prosecutions, privacy interests can serve to limit public access. ”

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Source: Wikisource

Alan B. Handler, In re Commitment of Edward S.… (1990)

“ N.J.S.A. 9:3-47 (adoption) ; Rule 4:74-7 (civil commitment) . Cf. N.J.S.A. 2A:84A-32.4 (a) (in criminal trial involving child abuse, victim may testify out of courtroom before closed-circuit television) . ”

Alan B. Handler

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