208 N.J. Super. 595 - State v. Burks’s Empirical Analysis
1986
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently July 2016
13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Kelly · State v. Powell · State v. Bankston · Romano v. Kimmelman · State v. White
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“any evidence raising the issue of self-defense is admitted in either the State's or the defendant's case, then the jury must be instructed that the State is required to prove beyond a reasonable doubt that the self-defense claim does not accord with the facts.”
2 later decisions quote this exact passage · from the majority“Self-defense requires an actual, honest, reasonable belief by the defendant in the necessity of using force. Further, the force against which a defendant uses self-defense must be unlawful. Assuming there is evidence that a defendant acted in self-defense, the jury decides whether his belief was honest and reasonable. But even though the justification for a homicide is referred to as a defense, the jury need not find beyond a reasonable doubt that the defendant's belief was honest and reasonable. [ State v. Burks, 208 N.J.Super. 595, 604 , 506 A. 2d 779 (App.Div.1986) (citing Kelly, supra, 97 N.J. at 198-200, 478 A. 2d 364 )].”
1 later decision quote this exact passage · from the majority“[t]he actor knows that he can avoid the necessity of using such force with complete safety by retreating....”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.