carefully limited exception (New Jersey) · Go Syfert
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carefully limited exception in New Jersey

7 New Jersey opinions name it 2 courts 2017–2021 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.

Followed or applied (3)

CaseFollowedCited
United States v. Salernogreen
scotus · 1987 · cited in 7 New Jersey opinions naming this issue, 2017–2021
2 sentences

2021For like reasons, “[i]n our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.” United States v. Salerno, 481 U.S. 739, 755 (1987).

2021For like reasons, “[i]n our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.” United States v. Salerno, 481 U.S. 739, 755 (1987).

27
United States v. Allied Oil Corp.green
scotus · 1951 · cited in 5 New Jersey opinions naming this issue, 2017–2018
2 sentences

2018The State's burden to overcome the statutory presumption of release is substantial because "[i]n our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception." State v. Robinson , 229 N.J. 44 , 68, 160 A.3d 1 (2017) (alteration in original) (quoting United States v. Salerno , 481 U.S. 739 , 755, 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987) ).

2018Rather, the instruction mandates the adoption of "a workable standard," id. at 68 , 160 A.3d 1 -one that does "not impose **21 impractical demands on law enforcement" and that balances both "the law's tight timeframe," ibid. , and the limited purpose of detention hearings, which "are not full-scale trials designed to assess guilt," id. at 73 , 160 A.3d 1 , against "the defendants' liberty interests," id. at 68 , 160 A.3d 1 , and the fact that "[i]n our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception," ibid. (quoting United States v.

15
State v. Habeeb Robinson(078900) (Essex County and Statewide)green
nj · 2017 · cited in 4 New Jersey opinions naming this issue, 2018–2020
2 sentences

2020"In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception." United States v. Salerno, 481 U.S. 739, 755 (1987) (declaring federal Bail Reform Act constitutional); see also Robinson, 229 N.J. at 68 .

2018The State's burden to overcome the statutory presumption of release is substantial because "[i]n our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception." State v. Robinson , 229 N.J. 44 , 68, 160 A.3d 1 (2017) (alteration in original) (quoting United States v. Salerno , 481 U.S. 739 , 755, 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987) ).

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Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

NJ § N.J. Stat. § 2A:162-15 (7) NJ § N.J. Stat. § 2A:162-19 (7) NJ § N.J. Stat. § 2A:162-20 (7) NJ § N.J. Stat. § 2A:162-16 (4) NJ § N.J. Stat. § 2A:162-25 (4) NJ § N.J. Stat. § 2A:162-21 (3) NJ § N.J. Stat. § 2C:24-4 (3) NJ § N.J. Stat. § 2C:43-7.2 (3) USC § 18u.s.c.3142 (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

VT 15 (1989–2022) CA 10 (2018–2026) DC 8 (1992–2021) MA 8 (1969–2026) IL 7 (2003–2024) NM 7 (1996–2023) NJ 7 (2017–2021) AZ 5 (2004–2018) NY 5 (1990–2016) IN 3 (2013–2015) TX 2 (2022–2023) GA 2 (2018–2018) NV 2 (2020–2020)

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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