State v. A.R.
213 N.J. 542
| N.J. | 2013Background
- This case addresses whether video-recorded statements played at trial may be shown to jurors during deliberations.
- Two video-recorded statements (victim and defendant) were admitted as evidence; during deliberations jurors requested to review them, and the court allowed use of the machine in the jury room.
- Defense counsel did not object and actually encouraged reviewing the videos; no transcripts were used and no additional readbacks were required.
- The trial court did not follow Burr/Michaels/Miller safeguards on readbacks/playbacks, but the judge reasoned the jury’s request outweighed the deviation.
- The Appellate Division reversed, but the Supreme Court reinstated the conviction, holding the error was invited and not structural, while urging adherence to Burr/Miller guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unfettered jury access to video statements is structural error | State argues no structural error given discretion to trial judge | A.R. contends unfettered access undermines fairness | Not structural; error but not per se reversible |
| Whether defense invited the error by encouraging viewing | State asserts no reversible error due to invited error | A.R. defense encouraged the viewing | Error invited by defense; does not require reversal on its own |
| Whether Burr/Michaels/Miller safeguards apply | State says safeguards not strictly required given invited error | A.R. argues safeguards are necessary to protect fairness | Guidance applies; safeguards required to ensure fairness |
| Whether defendant's absence during deliberations violated confrontation rights | State asserts no structural prejudice from absence | A.R. argues absence undermines due process | Not structural; absence did not undermine right to confrontation at trial |
Key Cases Cited
- State v. Burr, 195 N.J. 119 (N.J. 2008) (video replay procedures for out-of-court statements; context and fairness safeguards)
- State v. Michaels, 264 N.J. Super. 579 (N.J. App. Div. 1993) (juror access to video testimony by child witnesses; readbacks and context guidance)
- State v. Miller, 205 N.J. 109 (N.J. 2011) (reinforcement of Burr safeguards; emphasis on fairness over medium)
- Binder v. United States, 769 F.2d 595 (9th Cir. 1985) (trial court discretion to replay video exhibits during deliberations)
- State v. Koontz, 145 Wash.2d 650 (Wash. 2002) (caution required in replaying video-recorded testimony; centrality of video evidence)