cdTOCtest

In order to make out an Eighth Amendment claim in prison condition cases, an inmate must show that prison officials acted with d ...

CULPABILITYCULPABILITYCULPABILITYCULPABILITYCULPABILITY I. INTRODUCTION Prior to the adoption of the New Jersey Code of Criminal ...

Under N.J.S.A. 2C:2-2b(3), a person acts recklessly with respect to a material element of an offense when he consciously disrega ...

Unless the Legislature clearly indicates an intent to impose strict liability, a criminal statute that does not indicate the cul ...

DEFENSESDEFENSESDEFENSESDEFENSESDEFENSES (See also, ALIBI, INSANITY/DIMINISHED CAPACITY, INTOXICATION, SELF-DEFENSE, this Digest ...

firearm and thus a mistake of fact regarding the character of the weapon could never constitute a defense. Defendant has no defe ...

law defenses, however, may be available provided they have not been precluded by the statute defining the offense. State v. Foga ...

Cannel, Criminal Code Annotated, Comment 3 , N.J.S.A. 2C:1-13b. VI. DE MINIMIS INFRACTIONS A. Generally N.J.S.A. 2C:2-11 provide ...

infractions. The fact that the defendant was informed on several occasions that the method he was using was illegal precluded a ...

VII. ENTRAPMENT A. Statutory Entrapment There were two forms of entrapment under common law. Subjective entrapment existed when ...

objective element of the entrapment test. State v. Long, 216 N.J. Super. 269 (App. Div. 1987). The affidavit which was part of a ...

L. Ed. 2d 54 (1988); State v. Branam, 161 N.J. Super. 53 (App. Div. 1978), aff’d o.b., 79 N.J. 301 (1979). VIII. NECESSITY AND J ...

from prison was clearly precluded by law. Second, N.J.S.A. 2C:29-5c addressed the situation presented in defendants’ case, speci ...

mental examinations and of scientific tests or experiments made in connection with the case. See State v. J.Q., 130 N.J. 554, 58 ...

pursuant to R. 3:13-3(b). See, e.g., State v. J.Q., 130 N.J. at 582 (State’s expert’s report); State v. Zola, 112 N.J. at 410-12 ...

D. Subpoena Duces Tecum (See also, SUBPOENAS, this Digest) R. 1:9-2 governs the use of subpoenas duces tecum to obtain documents ...

disturbance insufficient to constitute a defense), cert. denied, _ U.S. __, 120 S.Ct. 593 (1999). 2. Bifurcation Reliance on the ...

IV. DISCOVERY IN DRUNK DRIVING CASES (See also MOTOR VEHICLES [drunk driving], this Digest) R. 3:13-3 and R. 7:7-7 allow discove ...

indictable complaints instead of sending them for grand jury action, the municipal court does not lose its jurisdiction to enter ...

application for assigned counsel or make a showing of indigence. On appeal, the Law Division granted her application for assigne ...