Jacobs v. Stephens

In Jacobs v. Stephens, 139 N.J. 212, 652 A.2d 712 (1995), the Supreme Court held that inmates had to be advised of their right to confrontation and cross-examination in disciplinary cases. In Jacobs, the inmate was disciplined for "threatening another with bodily harm," id. at 215, 652 A.2d 712, based on the report of a corrections officer who perceived a confrontation "as a threat," id. at 216, 652 A.2d 712. Because Jacobs did not seek to confront or cross-examine any witness, and asserted only "that he was not informed of his right to confrontation and cross-examination and therefore he could not validly waive those rights," the Court affirmed the sanctions imposed. Id. at 222, 652 A.2d 712. The Court noted that even if Jacobs was not informed of this right, "he was not prejudiced because the testimony of his inmate witnesses did not support his position." Ibid. The Court made clear that "in future cases, however, the inmate will be deemed informed because he must sign an amended Adjudication Form . . . one of whose questions will be whether the inmate seeks confrontation or cross-examination," ibid., and that, pursuant to regulation, "confrontation and cross-examination may be refused only when they would be unduly hazardous to institutional safety or correctional goals." Id. at 221, 652 A.2d 712.