State v. Gerena, 249 N.J. 304 (2021)

2021

Rachel E. Simon argued before the New Jersey Supreme Court on behalf of amicus curiae ACDL-NJ that layperson opinion testimony should never be admitted to establish a child’s age, where the child’s age is an element of the crime. The Court ultimately ruled that some age-related, lay opinion testimony may be admissible under certain circumstances, and adopted our prophylactic recommendations to protect against the unreliability of such testimony.

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