injustice standard (New Jersey) · Go Syfert
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injustice standard in New Jersey

12 New Jersey opinions name it 2 courts 1990–2025 2 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.

Followed or applied (3)

CaseFollowedCited
State v. Rothgreen
nj · 1984 · cited in 4 New Jersey opinions naming this issue, 2009–2021
2 sentences

2021Many crimes arise out of drug and alcohol use. [The defendant's] situation, while regrettable, is not rare."); see also Jarbath, 114 N.J. at 407 (noting "[i]t is, nevertheless, clear under the Code that rehabilitation is not the goal to be achieved by a consideration of the character and condition of the offender [for purposes of applying the serious injustice standard under N.J.S.A. 2C:44-1(d)]") (citing Roth, 95 N.J. at 367 ).

2020Evers, 175 N.J. at 389 (quoting Roth, 95 N.J. at 358 ).

14
State v. Lebragreen
njsuperctappdiv · 2003 · cited in 2 New Jersey opinions naming this issue, 2020–2025
2 sentences

2025Indeed, the judge never even addressed the serious injustice standard and "never explained what it was about the character and condition of . . . defendant that would make his imprisonment a serious injustice." Lebra, 357 N.J. Super. at 511 .

2020"Mere invocation of the serious injustice exception will not suffice without a detailed explanation of its application to the facts and circumstances at hand and a reasoned demonstration that this is one of those rare cases in which A-2840-18T1 11 the otherwise paramount goals of deterrence have been overridden." State v. Lebra, 357 N.J.

12
State v. Jarbathgreen
nj · 1989 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020State v. Jarbath, 114 N.J. 394, 398 (1989).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
State v. Evers green
nj · 2003
2 sentences

2012We do not suggest that every mitigating factor will bear the same relevance and weight in assessing the character and condition of the defendant; it is the quality of the factor or factors and their uniqueness in the particular setting that matters. [ Id. at 393-94 , 815 A. 2d 432 .] "In determining the role that deterrence should play in the serious injustice standard," the court must look to the statutory scheme, i.e., the presumption of imprisonment for first and second degree crimes, the circumstances of the case and the defendant's role in the commission of the crime.

2012We do not suggest that every mitigating factor will bear the same relevance and weight in assessing the character and condition of the defendant; it is the quality of the factor or factors and their uniqueness in the particular setting that matters. [ Id. at 393-94 , 815 A. 2d 432 .] "In determining the role that deterrence should play in the serious injustice standard," the court must look to the statutory scheme, i.e., the presumption of imprisonment for first and second degree crimes, the circumstances of the case and the defendant's role in the commission of the crime.

32009–2020
State v. Corso green
njsuperctappdiv · 2002
1 sentence

2021The high bar set for overcoming the presumption of imprisonment is shown in State v. Corso, 355 N.J. Super. 518 (App. Div. 2002).

12021–2021
State v. Megargel green
nj · 1996
2 sentences

2003In Megargel, supra, 143 N.J. at 498-501 , 673 A.2d 259 , we recognized that the serious injustice standard which determines whether a defendant is “in or out” of prison must necessarily be higher than the standard for downgrading an offense under N.J.S.A 2C:44-lf(2).

2003In Megargel, supra, 143 N.J. at 498-501 , 673 A.2d 259 , we recognized that the serious injustice standard which determines whether a defendant is “in or out” of prison must necessarily be higher than the standard for downgrading an offense under N.J.S.A 2C:44-lf(2).

12003–2003
State v. Murray green
nj · 2000
2 sentences

2001If the Court determines that the injustice or extenuating circumstances exception applies, it must then decide whether defendant was deprived of effective assistance of counsel. [ 162 N.J. at 251 , 744 A.2d 131 .] A hearing was held before the PCR judge on April 3, 2000 to determine the full extent of the alleged conflict of interest between defendant’s trial counsel, Jules Kollar, Esq., and his co-defendant’s counsel Nicholas Stroumtsos, Jr., Esq.

2001If the Court determines that the injustice or extenuating circumstances exception applies, it must then decide whether defendant was deprived of effective assistance of counsel. [ 162 N.J. at 251 , 744 A.2d 131 .] A hearing was held before the PCR judge on April 3, 2000 to determine the full extent of the alleged conflict of interest between defendant’s trial counsel, Jules Kollar, Esq., and his co-defendant’s counsel Nicholas Stroumtsos, Jr., Esq.

12001–2001
State v. Mitchell green
nj · 1992
2 sentences

2000The “injustice” or “extenuating circumstances” exceptions were recognized in Mitchell, supra, 126 N.J. at 579-80 , 601 A.2d 198 .

2000The “injustice” or “extenuating circumstances” exceptions were recognized in Mitchell, supra, 126 N.J. at 579-80 , 601 A.2d 198 .

12000–2000
State v. Jabbour green
nj · 1990
1 sentence

1990Ante at 19, 570 A.2d at 399 .

11990–1990

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:44-1 (6) NJ § N.J. Stat. § 2C:43-6 (4) NJ § N.J. Stat. § 2C:39-3 (3) NJ § N.J. Stat. § 2C:39-5 (3) NJ § N.J. Stat. § 2C:43-6.2 (3)

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.

Where else courts name it

MO 30 (1883–2025) CA 20 (1886–2025) NJ 12 (1990–2025) IL 9 (1880–2024) FL 6 (1910–2026) NY 6 (1895–2024) WA 5 (1997–2022) TX 5 (1929–2015) PA 4 (1935–1996) GA 4 (1983–2013) DE 3 (1978–2003) CO 3 (1896–1956) MI 2 (1930–1977) KY 2 (1933–1985) CT 2 (1992–2010) TN 2 (1932–2011) NC 2 (1896–1914) NE 2 (1934–1943) LA 2 (2017–2017) OK 2 (1952–1973)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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