Search Rutgers Law Library N.J. Court Opinions

1 State v. Eugene C. Baum -- rank: 1000

... or knowingly. However, voluntary or self-induced intoxication, defined in N.J.S.A. 2C:2-8(e)(2), is immaterial to recklessness as an element of ... s instruction on self-induced intoxication mirrored the definition in N.J.S.A. 2C:2-8(e)(2), which includes the language regarding a “knowing� ... resulting from the introduction of substances into the body.” N.J.S.A. 2C:2-8(e)(1). “Self-induced intoxication” is defined as � ... would afford a defense to a charge of crime.” N.J.S.A. 2C:2-8(e)(2) (emphasis added). “ Evidence of intoxication may be ... aware had he been sober, such unawareness is immaterial.” N.J.S.A. 2C:2-8(b); see also Juinta , supra , 224 N.J. Super. at ... the road’s shoulder.” Defendant does not dispute that N.J.S.A. 2C:2-8(b) precludes the admission of evidence of self-induced ...

docket:	A-107-13
court:	NJ Supreme Court
decided:	2016-02-08
status:
citation:	224 N.J. 147 129 A.3d 1044
Document Size:	105967

2 /usr/local/share/www/libweb/collections/courts/appellate/a1137-17.opn.html -- rank: 987

... J.S.[A.] 2C:2-3(b) – CAUSATION. B. N.J.S[A.]. 2C:2-8(e)(2) – INTOXICATION. C. N.J.S.[A.] 2C ...

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3 STATE OF NEW JERSEY VS JOSEPH BAUMAN -- rank: 921

... instruct the jury on the defense of intoxication, as per N.J.S.A. 2C:2-8, and that the judge erred by failing to charge the ...

docket:	a2640-94
court:	njappellate
decided:	1997-02-27
status:	published
citation:	298 N.J.Super. 176
Document Size:	88303

4 /usr/local/share/www/libweb/collections/courts/appellate/a4143-17.opn.html -- rank: 905

... a defense if it negates an element of an offense. N.J.S.A. 2C:2-8(a). In the case of purposeful or knowing murder, voluntary ... surveillance videos from which it could culpable mental state. See N.J.S.A. 2C:2-8(b) ('When recklessness establishes an element of the offense, if ...

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5 STATE OF NEW JERSEY v. DENNIS W. POZNIAK -- rank: 896

... Model Jury Charges (Criminal), 'Intoxication negating element of the offense (N.J.S.A. 2C:2-8(a)),' (rev. Oct. 18, 2005); Model Jury Charges (Criminal), 'Evidence ... intoxication on jury's consideration of lesser offenses involving recklessness (N.J.S.A. 2C:2-8(b)),' (Feb. 27, 1989). That model charge reflects a provision of our Criminal Code, 'N.J.S.A. 2C:2-8(b)[, which] precludes the admission of evidence of self-induced ... State v. Cameron, 104 N.J. 42 (1986)); see also N.J.S.A. 2C:2-8(a). The evidence must provide 'a rational basis for the ... not excuse reckless conduct only because of the wording of N.J.S.A. 2C:2-8[(b),] which provides that '[w]hen recklessness establishes an element ...

docket:	a3442-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-11
status:	Unpublished
citation:
Document Size:	51173

6 STATE OF NEW JERSEY v. WAYNE J. MORUZIN -- rank: 858

... a defense unless it negatives an element of the offense.' N.J.S.A. 2C:2-8(a). As our Supreme Court has noted, ' N.J.S.A. 2C:2-8(a) permits evidence of intoxication as a defense to crimes ...

docket:	a0727-19
court:	NJ Superior Court Appellate Division
decided:	2022-12-22
status:	Unpublished
citation:
Document Size:	77703

7 C.R. v. M.T. -- rank: 852

... J. at 51, 58. That is still the law today. N.J.S.A. 2C:2-8(a), (b). The Cameron Court stated that “[i]n ...

docket:	a-58-19
court:	NJ Supreme Court
decided:	2021-09-20
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Document Size:	58787

8 STATE OF NEW JERSEY v. DONALD BURRIS -- rank: 852

... evidence could establish the affirmative defense of involuntary intoxication under N.J.S.A. 2C:2-8. In support of his claims, defendant submitted various documents detailing ... evidence would provide a basis for an involuntary intoxication defense. N.J.S.A. 2C:2- 8(d) provides that '[i]ntoxication which (1) is not self ...

docket:	a2460-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-30
status:	Unpublished
citation:
Document Size:	131106

9 STATE OF NEW JERSEY v. WALTER A. DILLE -- rank: 839

... So I will not give intoxication as a defense. "Under N.J.S.A. 2C:2-8(a) self-induced intoxication is a defense to a purposeful ... resulting from the introduction of substances into the body." See N.J.S.A. 2C:2-8(e). "[A] jury issue arises only if there exists a ...

docket:	a2548-09
court:	NJ Superior Court Appellate Division
decided:	2013-04-22
status:	unpublished
citation:
Document Size:	124128

10 STATE OF NEW JERSEY VS SCOTT JOHNSON -- rank: 783

... sua sponte on the defense of voluntary intoxication as per N.J.S.A. 2C:2-8. Since defendant did not request a charge on intoxication and ...

docket:	a6292-94
court:	njappellate
decided:	1998-03-09
status:	published
citation:	309 N.J.Super. 237
Document Size:	78422

11 STATE OF NEW JERSEY v. JOSEPH ARCE -- rank: 783

... to which the actor does not know he is susceptible." N.J.S.A. 2C:2-8(e)(3). Pathological intoxication, along with intoxication that is not ... self-induced, is within the category of involuntary intoxication under N.J.S.A. 2C:2-8. Involuntary intoxication "is an affirmative defense if by reason of ... supra , 118 N.J. at 314 (alteration in original) (quoting N.J.S.A. 2C:2-8). In Hammond , the Court held that "motor vehicle violations are ... Because pathological intoxication constitutes a form of involuntary intoxication under N.J.S.A. 2C:2-8(d), we discern of no basis to depart from the ... not support a finding that defendant was pathologically intoxicated under N.J.S.A. 2C:2-8(e)(3). Defendant acknowledged, and the court found as a ... defendant clearly and convincingly established he was pathologically intoxicated under N.J.S.A. 2C:2-8(d). Affirmed. 1 The vehicle was within a 1000 ...

docket:	a2791-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-01
status:	unpublished
citation:
Document Size:	36822

12 STATE OF NEW JERSEY v. S.C.S.,1 -- rank: 776

... a defense unless it negatives an element of the offense." N.J.S.A. 2C:2-8(a). 4 " N.J.S.A. 2C:2-8(a) permits evidence of intoxication as a defense to crimes ... corrected and not included in the judgment of conviction. 4 N.J.S.A. 2C:2-8(e) defines intoxication as "a disturbance of mental or physical ...

docket:	a2600-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	49266

13 STATE OF NEW JERSEY v. HASSAN A. LABAN -- rank: 767

... the jury.'). 2 The intoxication defense is set forth in N.J.S.A. 2C:2-8. We address defendant's contention that it was improper for ...

docket:	a0587-20
court:	NJ Superior Court Appellate Division
decided:	2022-11-16
status:	Unpublished
citation:
Document Size:	45823

14 STATE OF NEW JERSEY v. JANEAN OWENS -- rank: 764

... witness to testify about her intoxication. Defendant's argument overlooks N.J.S.A. 2C:2-8(c), which provides that "[i]ntoxication does not, in itself ... been aware had he been sober, such unawareness is immaterial." N.J.S.A. 2C:2-8(b); see also , State v. Baum , 224 N.J. 147 ...

docket:	a3871-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-08
status:	unpublished
citation:
Document Size:	25857

15 STATE OF NEW JERSEY v. JOHNNY BE JONES III -- rank: 757

... can be a defense to a purposeful or knowing crime. N.J.S.A. 2C:2-8(a); State v. Cameron, 104 N.J. 42, 52-53 ... capacities resulting from the introduction of substances into the body.' N.J.S.A. 2C:2-8(e). To establish intoxication as a defense, there must be ...

docket:	a4707-16
court:	NJ Superior Court Appellate Division
decided:	2019-12-09
status:	Unpublished
citation:
Document Size:	42442