People v. Jackson’s Empirical Analysis

Citation profile

83 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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[C]apital and noncapital defendants are not similarly situated and therefore may be treated differently without violating constitutional guarantees of equal protection of the laws or due process of law [citation] ....”

   3 later decisions quote this exact passage
   e.g. 4 Cal. 5th 1 - People v. Henriquez · 5 Cal. 5th 1 - People v. Edward

2. “' "is said to weigh too much with the jury and to so overpersuade them as to prejudge one with a bad general record and deny him a fair opportunity to defend against a particular charge. The overriding policy of excluding such evidence ... is the practical experience that its disallowance tends to prevent confusion of issues, unfair surprise and undue prejudice.”

   2 later decisions quote this exact passage
   e.g. People v. Jones · 251 Cal. Rptr. 3d 519 - People v. McDaniel

3. “[t]he trial court's failure to [instruct] the jury that there is a presumption of life does not violate a defendant's constitutional rights to due process, to be free from cruel and unusual punishment, to a reliable determination of his sentence, and to equal protection of the law under the Fifth, Eighth and Fourteenth Amendments to the federal Constitution.”

   2 later decisions quote this exact passage
   e.g. 4 Cal. 5th 1 - People v. Henriquez · 5 Cal. 5th 1 - People v. Edward