NJ · rules
N.J.R.E. 502
Definition of Incrimination
N.J.S.A. 2A:84A-18 provides:
Within the meaning of this article, a matter will incriminate (a) if it constitutes an element of a crime against this State, or another State or the United States, or (b) is a circumstance which with other circumstances would be a basis for a reasonable inference of the commission of such a crime, or (c) is a clue to the discovery of a matter which is within clauses (a) or (b) above; provided, a matter will not be held to incriminate if it clearly appears that the witness has no reasonable cause to apprehend a criminal prosecution. In determining whether a matter is incriminating under clauses (a), (b) or(c) and whether a criminal prosecution is to be apprehended, other matters in evidence, or disclosed in argument, the implications of the question, the setting in which it is asked, the applicable statute of limitations and all other factors, shall be taken into consideration.
History
NOTE: Adopted September 15, 1992 to be effective July 1, 1993.
Provenance
- Source
- njcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
84771b9761943b66ded34b55ac157f58f4f8526ca4b6fa17b6d3e818c3104d1b
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