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… of the NERA elements) … This instruction should be given for any count of an indictment that may trigger the No Early … 550 (2001), the Supreme Court held that NERA may apply to accomplices as well as principals. guilty of … (insert … of a “knowing” level of culpability may need to be revisited. “Serious bodily injury” means bodily injury which …
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… is a true condition precedent or is a dependent performance obligation. In the former situation, it is said … corresponding performance was conditioned upon defendant’s completion of its performance obligation. … 4. Excuses for … must be because the condition objectively cannot be accomplished. If the reason the condition cannot be met is a …
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… the defendant clearly indicates through words or conduct before the time for performance has arrived, that the … the contract in the absence of an overt cancellation.’ See Comment to Sec. 12A:2-612, par. 6; also New Jersey Study Comment, par. 2; Hawkland supra, 3, c. (3), p. 116. To allow …
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… of the evidence, etc. Definition of Bailment : Under the Uniform Commercial Code “bailee” is defined as “the person who by a … duty of care of a warehouseman and carrier, see Cases and Commentary under Mutual Bailment, below.] INTRODUCTORY …
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… the crime of . The State does not allege that the defendant committed the crime of personally, but rather that he/she is legally accountable for that crime even though it was committed by another. More … by because the defendant and allegedly conspired together to commit that crime. It is therefore necessary that …
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… 1: … N.J.S.A. 2C:2-9 (b) provides that in the prosecution for murder, the defense of duress is only available to … acted under duress. In other words, he/she was coerced to commit the offense due to the use of, or a threat to use, … harm or threatened harm; (2) The seriousness of the crime committed; (3) The identity of the person endangered (In …
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… you should understand that consent of the victim can be a complete defense to a criminal charge only under certain limited circumstances which I will describe for you. First, you should know that consent in the law has … give rise to a valid defense it must, of course, be given freely and it must be legally effective. Consent can never …
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… consented to the alleged criminal activity and was therefore not harmed in a way that the law seeks to prevent. … In … give rise to a valid defense it must, of course, be given freely and it must be legally effective. Consent can never … where appropriate. … (a) the victim was not legally competent to authorize the conduct charged to constitute the …
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… 161 N.J.Super. 53 (1978 aff'd 79 N.J. 301 (1979). Therefore, if you find beyond a reasonable doubt that he/she did commit the crime(s) charged, you should then consider … by himself/herself or through an agent or informant, or together with others to trap another person by inducing or …
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… … The indictment charges that the defendant attempted to commit the crime of _________________________. … ALTERNATIVE … II … [If the facts raise the question whether the crime was completed, the jury should be instructed to "turn to a … … [If “knowing” or lesser culpability would have sufficed for the completed crime, add the following] … Before I …
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… is (are) charged with the crime of conspiracy to commit _____________. N.J.S.A. 2C:5-2 provides as follows: A … is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or … or not guilty of the crime of _________________. In order for you to find a defendant guilty of the crime of …
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… engine, machine, tool or implement adapted, designed, or commonly used for committing or facilitating the offense of , knowing the same …
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… or (3), this language should be included in the charge. for commission of a sex offense and if he/she knowingly … pursuant to N.J.S.A. 2C:13-1c(2); or (e) an attempt to commit any of these crimes. A conviction for any of these …
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… (2) the defendant did so purposely or knowingly. In order for you to find the defendant guilty of murder, the State is … … charge the following paragraph) … Whether the killing is committed purposely or knowingly, causing death or serious … doubt that … (insert victim’s name) … died from medical complications that resulted from injuries caused by …
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… or (2) holds himself out to the public, either alone or together with, by or through another person, whether such … or any other language, is guilty of a crime. In order for you to find the defendant guilty of this crime, the … as “any person rendering services for a fee, including the completion of forms and applications, to another person in …
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… reads in pertinent part: Any person who knowingly receives for the purpose of selling or who knowingly sells, procures, … including the Internet, any photograph, film, videotape, computer program or file, video game or any other … appropriate] the Internet, any photograph, film, videotape, computer program or file, video game or any other …
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… USE OF A JUVENILE TO COMMIT A … CRIMINAL OFFENSE … ( … N.J.S.A. … 2C:24-9) … Page … 2 … Approved 6/19/01 … Page 1 of 2 … USE OF A JUVENILE TO COMMIT A CRIMINAL OFFENSE … ( … N.J.S.A … . 2C:24-9) … The … to commit a criminal offense is guilty of a crime. In order for you to find the defendant guilty of this offense, the …
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… to confer upon another... (a) Any benefit as consideration for a decision, opinion, recommendation, vote or exercise of discretion of a public … … (b) Any benefit as consideration for a decision, vote, recommendation or exercise of official discretion in a …
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… to accept from another: (a) Any benefit as consideration for a decision, opinion, recommendation, vote or exercise of discretion as a public … … (b) Any benefit as consideration for a decision, vote, recommendation or exercise of official discretion in a …
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… FUNCTION … N.J.S.A … . 2C:29-1 … [Where crime occurred before April 28, 2000] … PAGE OF 5 … Page 2 of 4 … Revised … That section of our statutes provides that A person commits an offense if he purposely obstructs, impairs, or … beyond a reasonable doubt: (1) that the defendant (a) committed an act of intimidation, force, violence, or …