statistical analysis in New Jersey

2020As directed by the Court in R.B. , Dr. D'Urso stated he had no relevant facts regarding the parties or the circumstances of the case, see R.B., 183 N.J. at 322-23 , nor did he offer a statistical analysis regarding the percentage of child victims who fabricate sexual abuse allegations as did the State's CSAAS expert in W.B.

1999See DiFrisco III, supra, 142 N.J. at 171 , 662 A.2d 442 ; Martini II, supra, 139 N.J. at 28-29 , 651 A.2d 949 ; Bey IV, supra, 137 N.J at 350, 645 A.2d 685 ; Marshall II, supra, 130 N.J. at 173-74 , 613 A.2d 1059 .

1999See DiFrisco III, supra, 142 N.J. at 171 , 662 A.2d 442 ; Martini II, supra, 139 N.J. at 28-29 , 651 A.2d 949 ; Bey IV, supra, 137 N.J at 350, 645 A.2d 685 ; Marshall II, supra, 130 N.J. at 173-74 , 613 A.2d 1059 .

1999See DiFrisco III, supra, 142 N.J. at 171 , 662 A.2d 442 ; Martini II, supra, 139 N.J. at 28-29 , 651 A.2d 949 ; Bey IV, supra, 137 N.J at 350, 645 A.2d 685 ; Marshall II, supra, 130 N.J. at 173-74 , 613 A.2d 1059 .

1999See DiFrisco III, supra, 142 N.J. at 171 , 662 A. 2d 442 ; Martini II, supra, 139 N.J. at 28-29 , 651 A. 2d 949 ; Bey IV, supra, 137 N.J. at 350 , 645 A. 2d 685 ; Marshall II, supra, 130 N.J. at 173-74, 613 A. 2d 1059 .

1996In McCleskey v. Kemp, 481 U.S. 279 , 107 S.Ct. 1756 , 95 L.Ed.2d 262 (1987), the United States Supreme Court considered the Baldus study, which concluded that in Georgia capital defendants charged with killing whites were 4.3 times more likely to be sentenced to death than those charged with killing blacks.

1996In McCleskey v. Kemp, 481 U.S. 279 , 107 S.Ct. 1756 , 95 L.Ed.2d 262 (1987), the United States Supreme Court considered the Baldus study, which concluded that in Georgia capital defendants charged with killing whites were 4.3 times more likely to be sentenced to death than those charged with killing blacks.

1990As we noted in State v. Davis, 96 N.J. 611 , 623 n. 2, 477 A.2d 308 (1984), the use of a racial variable in a statistical analysis “may have unacceptably invidious implications, bearing upon the ultimate admissibility of the expert’s testimony.” The trial court must use great caution in exercising its discretion to admit such statistical evidence. -D- Defendant alleges several errors concerning the trial court’s treatment of aggravating and mitigating circumstances.

1990As we noted in State v. Davis, 96 N.J. 611 , 623 n. 2, 477 A.2d 308 (1984), the use of a racial variable in a statistical analysis “may have unacceptably invidious implications, bearing upon the ultimate admissibility of the expert’s testimony.” The trial court must use great caution in exercising its discretion to admit such statistical evidence. -D- Defendant alleges several errors concerning the trial court’s treatment of aggravating and mitigating circumstances.

1990We do not address those errors in the jury charge arising from the fact that this trial occurred before our decisions in State v. Ramseur, supra, 106 N.J. 123 , 524 A.2d 188 , and subsequent death-penalty cases.

1990We do not address those errors in the jury charge arising from the fact that this trial occurred before our decisions in State v. Ramseur, supra, 106 N.J. 123 , 524 A.2d 188 , and subsequent death-penalty cases.

1990See, 28 U.S.C.A. § 1867 (f); Test, supra; Alden, supra. He properly recognized that the application should not be frivolous nor made for purposes of delay or harassment.

1986Almost at the outset, the author remarks: The last fifty years have seen a tremendous liberalization of civil procedure and an unprecedented proliferation of new causes of action, which together make it possible for civil litigation to reach a level of complexity exceeding anything imaginable in the common law courts of 1791. [ Ibid. ] The author then proceeds to a statistical analysis of "all of the reported cases in the major English common law trial *15 courts during the years 1789 to 1791, the period from the ratification of the [United States] Constitution to the ratification of the Seven

1966A converse of the situation presented in this case was dealt with by the court in Ridgefield Park v. Bergen County Board of Taxation, 31 N.J. 420 (1960).