Search Rutgers Law Library N.J. Court Opinions

1 State v. A.L.A. -- rank: 1000

... recognizes justification as an affirmative defense in certain criminal cases. N.J.S.A. 2C:3-8 provides in part that force used upon “another is ... ” The provision of the Model Penal Code on which N.J.S.A. 2C:3-8 was based specifically refers to the use of force by ... simple assault charge. Although defense counsel did not specifically mention N.J.S.A. 2C:3-8 in either request, counsel was clearly requesting an affirmative defense ... “particular circumstances presented” by providing a justification defense in N.J.S.A. 2C:3-8; this footnote was the first time the justification defense was ... instruct the jury on the affirmative defense of justification in N.J.S.A. 2C:3-8 for the simple assault charge because there was a rational ... the jury on reasonable corporal punishment, the substantive equivalent of N.J.S.A. 2C:3-8, and that there was support in the record for ...

docket:	a-3-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-10
status:
citation:
Document Size:	58497

2 STATE OF NEW JERSEY v. BRIAN FOWLKES -- rank: 868

... 2C:3-4 to -7. In addition to those justifications, N.J.S.A. 2C:3-8 permits a prison guard to use force in furtherance of his duties. See Commentary , supra , at 94 (noting that N.J.S.A. 2C:3-8 "is intended to include . . . wardens or other authorized officials of correctional institutions"). N.J.S.A. 2C:3-8 provides: The use of force upon or toward the person ... otherwise justifiable under the provisions of this chapter. In sum, N.J.S.A. 2C:3-8 provides a defense for the use of force, short of ... corrections officer's use of force is permitted by law, N.J.S.A. 2C:3-8, and when the force is used "for the purpose of ... for the care, supervision, discipline or safety" in the institution. N.J.S.A. 2C:3-8. Because the force is justified, it does not give ...

docket:	a3639-06
court:	superior court appellate division
decided:	2010-01-12
status:	unpublished
citation:
Document Size:	83793

3 STATE OF NEW JERSEY v. A.L.A -- rank: 733

... reach of the simple assault statute may be found in N.J.S.A. 2C:3-8, which states that the use of force is justified 'where ...

docket:	a0028-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-24
status:	Unpublished
citation:
Document Size:	37466