People v. Donovan’s Empirical Analysis

Citation profile

12 federal appellate · 72 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 112 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]hat court, in an opinion by Judge Fuld, held that a "confession taken from a defendant, during a period of detention [prior to indictment], after his attorney had requested and been denied access to him" could not be used against him in a criminal trial. The court observed that it "would be highly incongruous if our system of justice permitted the district attorney, the lawyer representing the State, to extract a confession from the accused while his own lawyer, seeking to speak with him, was kept from him by the police."”

   4 later decisions quote this exact passage
   e.g. United States v. Turner · Commonwealth v. Yates

2. ““It cannot be overemphasized that our legal system is concerned as much with the integrity of the judicial process as with the issue of guilt or innocence. The constitutional and statutory safeguards provided for one accused of crime are to be applied in all cases. The worst criminal, the most culpable individual, is as much entitled to the benefit of a rule of law as the most blameless member of society. To disregard violation of the rule because there is proof in the record to persuade us of a defendant’s guilt would but lead to erosion of the rule and endanger the rights of even those who are innocent.” People v. Donovan (1964), 13 N.Y.2d 148 , 243 N.Y.S.2d 841, at 845 , 193 N.E.2d 628, at 631 .”

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

3. “In the case before us, these rights and privileges converge, for one of the most important protections which counsel can confer while his client is being detained by the authorities is to preserve his client's privilege against self-incrimination and prevent the deprivation of that and other rights.... It would be highly incongruous if our system of justice permitted the district attorney, the lawyer representing the State to extract a confession from the accused while his own lawyer, seeking to speak with him, was kept from him by the police. [ 193 N.E. 2d at 629 , 243 N.Y.S. 2d at 843 .]”

   1 later decision quote this exact passage
   e.g. 205 N.J. Super. 373 - State v. Elmore