232 N.J. Super. 384 - State v. Whitted’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This section specifically establishes the element of causation which must be proved by the State in a prosecution for this offense. The element of causation specifically defined for this particular offense is patterned after the general penal code provisions found at N.J.S.A. 2C:2-3. Notwithstanding the provisions of subsection e of NJ.S.A. 2C:2-3, which would ordinarily apply with respect to strict liability offenses, however, the State need not show in a prosecution under this section that the death was a “probable consequence” of the defendant’s conduct. [Id. at a-338.]”

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

2. “the death was not (a) too remote in its occurrence as to have a just bearing on the defendant's liability; or (b) too dependent upon conduct of another person which was unrelated to the injection, inhalation or ingestion of the substance or its effect as to have a just bearing on the defendant's liability.”

   1 later decision quote this exact passage · from the majority
   e.g. 242 N.J. Super. 584 - State v. Ervin

3. “Subsection e [which states the probable-consequences test] is necessary to retain a probable consequence test for absolute liability situations because, by definition, no result is designed, contemplated or risked consciously by the defendant. [Id. at 51 (emphasis added).]”

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