203 N.J. Super. 216 - State v. Harmon’s Empirical Analysis

Citation profile

14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “N.J.S.A. 2C:3-4a permits an individual to display or brandish a firearm or other weapon when the need for self-protection is reasonably perceived and he merely intends to create apprehension in the aggressor that he will use deadly force if necessary.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Moore · 288 N.J. Super. 27 - State v. Bryant

2. “N.J.S.A. 2C:3-4 a provides that the `use of force upon or toward another person is justifiable when the actor reasonably believes that [it] is immediately necessary' for his self-protection `on the present occasion.' As a general rule, `a person employing protective force may estimate the necessity' of its use `without retreating.' N.J.S.A. 2C:3-4 b(3). However, `[t]he use of deadly force is not justifiable ... unless the actor reasonably believes that [it] is necessary to protect himself against death or serious bodily harm.' N.J.S.A. 2C:3-4 b(2). Nor is it justifiable if the actor `knows that he can avoid the necessity of using such force with complete safety by retreating....' N.J.S.A. 2C:3-4 b(2)(b). Under N.J.S.A. 2C:3-11 b, the term `deadly force' means `force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm' [ State v. Harmon, 203 N.J. Super. 216, 222-223 (App.Div. 1985)]”

   1 later decision quote this exact passage · from the majority
   e.g. 208 N.J. Super. 595 - State v. Burks

3. “force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Moore