The ACLU-NJ filed, as friend-of-the-court, brief in a case where a defendant in a criminal trial testified in his own defense and the prosecutor asked him his federal immigration status to impeach his credibility. Even though the state acknowledged that the prosecutor should not have asked the question, it argues that the trial judge's instructions to the jury prevented possible prejudice. The brief argues that evidence of federal immigration status is rarely relevant and that under evidentiary rules, courts should presume that it will have a prejudicial effect.

Attorney(s)

Rutgers Constitutional Rights Clinic

Date filed

December 27, 2016

Court

New Jersey Supreme Court

Status

Closed