14 New Jersey opinions name it 1 courts 2001–2022 1 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re the Commitment of W.Z.green2 sentences2022At the SVPA commitment hearing, "the State must prove that threat by demonstrating that the individual has serious difficulty in controlling sexually harmful behavior such that it is highly likely that he or she will not control his or her sexually violent behavior and will reoffend." W.Z., 173 N.J. at 132 . 2020At the SVPA commitment hearing, "the State must prove that threat by demonstrating that the individual has serious difficulty in controlling sexually harmful behavior such that it is highly likely that he or she will not control his or her sexually violent behavior and will reoffend." W.Z., 173 N.J. at 132 . | 2 | 7 |
In Re Civil Commitment of JHMgreen2 sentences2019Like the initial order of commitment, in order to continue to commit the individual, the court must assess the offender's "present serious difficulty with control over dangerous sexual behavior." Id. at 132-33 (emphasis in original); see also In re Civil Commitment of J.H.M., 367 N.J. 2018Suffice it to say that we have previously determined that there is no right to a jury trial in a SVPA commitment hearing, see In re Civil Commitment of J.H.M., 367 N.J. | 2 | 2 |
Matter of Commitment of JBgreen2 sentences2001It was impossible for the trial judge to consider the trustworthiness of "the sources of information or the method, purpose or circumstances of preparation." [ Id. at 78-79 , 684 A. 2d 925 .] While a commitment under the SVPA differs from a commitment under the general mental health statutes, clearly the Legislature intended that an SVPA commitment hearing include testimony from a mental health professional who has personally interviewed the person subject to commitment. 2001It was impossible for the trial judge to consider the trustworthiness of "the sources of information or the method, purpose or circumstances of preparation." [ Id. at 78-79 , 684 A. 2d 925 .] While a commitment under the SVPA differs from a commitment under the general mental health statutes, clearly the Legislature intended that an SVPA commitment hearing include testimony from a mental health professional who has personally interviewed the person subject to commitment. | 1 | 2 |
In Re Commitment of AXDgreen1 sentence2019A-2621-18T5 13 A trial judge in an SVPA commitment hearing may consider hearsay in order to assess the credibility of expert testimony, if the expert has based his opinion on such evidence and the evidence is "of a type reasonably relied upon by experts in the particular field." N.J.R.E. 703; In re Civil Commitment of A.X.D., 370 N.J. | 1 | 1 |
In the Matter of the Civil Commitment of R.F. Svp 490-08green2 sentences2017Id. at 132-33 ; see also R.F., supra, 217 N.J. at 173 . 2017Id. at 132-33 ; see also R.F., supra, 217 N.J. at 173 . | 1 | 1 |
Cafeteria & Restaurant Workers Union, Local 473 v. McElroygreen2 sentences2012Determining what is required to satisfy due process under a “given set of circumstances must begin with a determination of the precise nature of the government function involved as well as of the private interest that has been affected by governmental action.” Cafeteria & Restaurant Workers Union, Local J)73 v. McElroy, 367 U.S. 886, 895 , 81 S.Ct. 1743, 1748-49 , 6 L.Ed.2d 1230, 1236 (1961). 2012Determining what is required to satisfy due process under a “given set of circumstances must begin with a determination of the precise nature of the government function involved as well as of the private interest that has been affected by governmental action.” Cafeteria & Restaurant Workers Union, Local J)73 v. McElroy, 367 U.S. 886, 895 , 81 S.Ct. 1743, 1748-49 , 6 L.Ed.2d 1230, 1236 (1961). | 1 | 1 |
People v. Superior Courtgreen2 sentences2012While we have recognized that an SVPA commitment hearing should “provide as much procedural protection to the committee as the circumstances permit[,]” In re Commitment of E.S.T., 371 N.J.Super. 562 , 574 n. 5, 854 A.2d 936 (App.Div.2004), due process in this scenario “ ‘is not measured by the rights accorded a defendant in criminal proceedings, but by the standard applicable to civil proceedings.’ ” Fraser, supra, 42 Cal.Rptr.3d at 435 (quoting People v. Superior Court (Howard), 70 Cal.App.4th 136 , 82 Cal.Rptr.2d 481, 492 (1999)). 2012While we have recognized that an SVPA commitment hearing should “provide as much procedural protection to the committee as the circumstances permit[,]” In re Commitment of E.S.T., 371 N.J.Super. 562 , 574 n. 5, 854 A.2d 936 (App.Div.2004), due process in this scenario “ ‘is not measured by the rights accorded a defendant in criminal proceedings, but by the standard applicable to civil proceedings.’ ” Fraser, supra, 42 Cal.Rptr.3d at 435 (quoting People v. Superior Court (Howard), 70 Cal.App.4th 136 , 82 Cal.Rptr.2d 481, 492 (1999)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Civil Commitment of EST
green
2 sentences2012While we have recognized that an SVPA commitment hearing should “provide as much procedural protection to the committee as the circumstances permit[,]” In re Commitment of E.S.T., 371 N.J.Super. 562 , 574 n. 5, 854 A.2d 936 (App.Div.2004), due process in this scenario “ ‘is not measured by the rights accorded a defendant in criminal proceedings, but by the standard applicable to civil proceedings.’ ” Fraser, supra, 42 Cal.Rptr.3d at 435 (quoting People v. Superior Court (Howard), 70 Cal.App.4th 136 , 82 Cal.Rptr.2d 481, 492 (1999)). 2012While we have recognized that an SVPA commitment hearing should “provide as much procedural protection to the committee as the circumstances permit[,]” In re Commitment of E.S.T., 371 N.J.Super. 562 , 574 n. 5, 854 A.2d 936 (App.Div.2004), due process in this scenario “ ‘is not measured by the rights accorded a defendant in criminal proceedings, but by the standard applicable to civil proceedings.’ ” Fraser, supra, 42 Cal.Rptr.3d at 435 (quoting People v. Superior Court (Howard), 70 Cal.App.4th 136 , 82 Cal.Rptr.2d 481, 492 (1999)). | 2 | 2005–2012 |
People v. Fraser
green
1 sentence2012While we have recognized that an SVPA commitment hearing should “provide as much procedural protection to the committee as the circumstances permit[,]” In re Commitment of E.S.T., 371 N.J.Super. 562 , 574 n. 5, 854 A.2d 936 (App.Div.2004), due process in this scenario “ ‘is not measured by the rights accorded a defendant in criminal proceedings, but by the standard applicable to civil proceedings.’ ” Fraser, supra, 42 Cal.Rptr.3d at 435 (quoting People v. Superior Court (Howard), 70 Cal.App.4th 136 , 82 Cal.Rptr.2d 481, 492 (1999)). | 1 | 2012–2012 |
Commonwealth v. Given
green
2 sentences2004As the dissenters said in Commonwealth v. Given, 441 Mass. 741 , 808 N.E. 2d 788 , 796 n. 1 (2004)(Ireland, J., dissenting), "[a]lthough the holding in the Crawford case in inapplicable here because the proceeding was civil rather than criminal, it is the Court's reasoning regarding the reliability of out-of-court statements that applies in this context...." [6] In fact, the court did place heavy emphasis on the nature of the offenses, which involved violence and the use of a weapon. [7] The situation might be different for an individual who was convicted after trial and continues to maintain 2004As the dissenters said in Commonwealth v. Given, 441 Mass. 741 , 808 N.E. 2d 788 , 796 n. 1 (2004)(Ireland, J., dissenting), "[a]lthough the holding in the Crawford case in inapplicable here because the proceeding was civil rather than criminal, it is the Court's reasoning regarding the reliability of out-of-court statements that applies in this context...." [6] In fact, the court did place heavy emphasis on the nature of the offenses, which involved violence and the use of a weapon. [7] The situation might be different for an individual who was convicted after trial and continues to maintain | 1 | 2004–2004 |
Matter of CA
green
1 sentence2001Under this reasoning, if the RRAS is "presumptively reliable," id. at 82, 679 A. 2d 1153 , at a Megan's Law tier hearing, it is also presumptively reliable at an SVPA commitment hearing, especially when used only in conjunction with respectable clinical testimony, and indeed as merely ancillary thereto. | 1 | 2001–2001 |
In Re Registrant J.M.
green
2 sentences2001The Court's reliance on the utility of RRAS was reiterated recently in Matter of Registrant J.M., 167 N.J. 490, 499-502 , 772 A. 2d 349 (2001). 2001The Court's reliance on the utility of RRAS was reiterated recently in Matter of Registrant J.M., 167 N.J. 490, 499-502 , 772 A. 2d 349 (2001). | 1 | 2001–2001 |
Matter of Registrant GB
green
2 sentences2001Indeed, while the rules of evidence do not apply to Megan's Law tier hearings, the Court seems to be saying that due process and fundamental fairness *88 requirements supercede those rules and require that the risk of reoffense be fairly evaluated by the trial court. 147 N.J. at 74-75 , 685 A. 2d 1252 . 2001Indeed, while the rules of evidence do not apply to Megan's Law tier hearings, the Court seems to be saying that due process and fundamental fairness *88 requirements supercede those rules and require that the risk of reoffense be fairly evaluated by the trial court. 147 N.J. at 74-75 , 685 A. 2d 1252 . | 1 | 2001–2001 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.