Joel Silberman Before the New Jersey Supreme Court
State v. Tybear Miles (A-41-24) concerns what the defense must be allowed to examine when facial recognition is used in a criminal investigation.
Joel Silberman argued before the New Jersey Supreme Court in a case that brings a modern criminal-defense issue directly before the state’s highest court. The central question is straightforward and important: when law enforcement uses facial recognition technology, what must be disclosed so the defense can meaningfully test the process?
See Joel Silberman argue before the New Jersey Supreme Court on what the defense must be allowed to examine when facial recognition is used in a criminal case.
The Case
The case arises from a homicide investigation in which police used facial recognition technology as part of the investigative process.
According to publicly filed materials, investigators entered an image into a facial recognition system, which generated candidate results that included Tybear Miles. The State has indicated that additional investigative steps and identification evidence followed.
The Question Before the Court
The appeal centers on discovery. The defense sought further information about the facial recognition process, including details about the system and how it was used.
At stake is whether that information must be disclosed so the defense can evaluate reliability, challenge the investigation, and defend the case on a fair footing.
Joel Silberman’s Argument
Joel Silberman argued that when the State relies on advanced identification technology, the defense must have a meaningful opportunity to examine the process behind it. That principle matters because criminal cases should not turn on methods the defense cannot properly test.
His argument addresses more than one investigation. It goes to a broader issue now facing courts across the country: how traditional protections in criminal law apply when modern investigative technology becomes part of the case.
Meaningful Discovery
Discovery must be sufficient to let the defense examine how the process worked, not just accept the final result.
Fair Opportunity to Challenge
When technology plays a role in an investigation, the defense must be able to assess reliability and challenge the State’s case where appropriate.
Modern Tools, Constitutional Protections
New investigative methods do not diminish the need for fairness, transparency, and meaningful adversarial testing in criminal proceedings.
Why the Case Matters
Facial recognition systems can vary in methodology and accuracy. Their use raises serious questions about disclosure, reliability, and whether the defense has enough information to examine what happened during an investigation.
The Court’s decision in State v. Tybear Miles may help define how discovery rules apply when digital and AI-assisted tools play a role in criminal cases.
Why Watch the Video
The video gives visitors a direct look at Joel Silberman arguing a current and important criminal-defense issue before the New Jersey Supreme Court.
It is a chance to see Joel addressing how courts should handle investigative technology when fairness, due process, and the defense’s ability to examine the process are on the line.
Watch Joel Silberman’s Supreme Court Argument
Watch Joel Silberman argue State v. Tybear Miles and see how this case addresses facial recognition technology, criminal discovery, and the defense’s right to examine the process used in a criminal investigation.
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