State v. Silcox’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I realize that the hour is very late and that you have been deliberating almost II hours. However, in view of the time and expense that has been invested in preparing the case and presenting it to you, by both parties, and if it is presented to another jury, there would be the same evidence, law, and arguments as presented to you; I feel I must ask you to return to the jury room and keep trying; and hopefully you will be able to reach a verdict in this case. I remind you that you must consult with one another and deliberate with a view of reaching an agreement, if you can do so without violence to individual judgement. That each of you must decide the case for yourself, but do so only after an impartial consideration of the evidence with your fellow jurors. In the course of your continued deliberations, do not hesitate to reexamine your own views and change your opinion if convinced it is erroneous. But do not surrender your honest conviction as to the weight or effect of the evidence because of the opinion of your fellow jurors or for the mere purpose of returning a verdict. If you are still unable to reach a unanimous verdict after trying further, you can notify the bailiff and we will discharge you. Please return to the jury room and try some more. You are not partisans. You are judges — judges of the facts. Your sole interest is to ascertain the truth from the evidence in the case. [Emphasis added.]”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Clay

2. “Well, I realize, ladies and gentlemen, that the hour is very late and that you have been deliberating about 7 hours; however, because of the tremendous expense of retrying the case and the fact that I just don't see how another jury would have any different evidence, any different law, any different arguments, or how the case could be presented any differently to them, and because of the time and effort that’s been invested so far, I feel I must ask you to return and keep trying, and hopefully you will be able to reach a verdict. If you cannot, why, then, you can notify the bailiff and we will discharge you. So, with that, I would ask you to return to the jury room and try, try some more. [Emphasis added.]”

   1 later decision quote this exact passage
   e.g. State v. Clay

3. “make a definite contribution to efficient judicial administration”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Flint