Topic: elements of a crime, including those that establish its gra… · Go Syfert
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Topic #21361

3 canonical passages across 2 cases, quoted by 20 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from State v. Lawless.

#Case FlagCanonical passage Citers
1 State v. Lawless Anchor
nj · 2013
green “elements of a crime, including those that establish its grade, may not be used as aggravating factors for sentencing of that particular crime.” 13
2 State v. A.T.C.
njsuperctappdiv · 2018
green “a court, however, does not engage in double-counting when it considers facts showing defendant did more than the minimum the state is required to prove to establish the elements of an offense.” 4
3 State v. A.T.C.
njsuperctappdiv · 2018
green “elements of a crime, including those that establish its grade, may not be used as aggravating factors for sentencing of that particular crime.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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