People v. Pociask’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... The instructions given fairly express the rule which now obtains in this state, 'that when a person is doing anything dangerous in itself, or has charge of anything dangerous in its use, and acts with reference thereto without taking those proper precautions which a person of ordinary prudence would have used under the circumstances and the death of another results therefrom, his act or neglect is a criminal act against the person so killed even though his negligence does not amount to a wanton or reckless disregard of human safety or life.' (Citing cases.)”

   3 later decisions quote this exact passage
   e.g. People v. Neff · 153 Cal. App. 2d 260 - People v. Markham

2. “But, in answering the question of what constitutes criminal negligence, the court is bound to apply an appropriate definition enacted by the legislature. Only when the legislature has not properly defined a term is it necessary for the courts to look to the meaning thereof as understood in the common law ... It is within the function of the legislature to make laws defining what breaches of the public peace shall be made punishable. Accordingly it may specify various degrees of the same crime and require a different measure of punishment for each. It is apparent that by the enactment of Section 500 of the Vehicle Code [the negligent homicide statute] the legislature has specified a lesser degree of punishment when the homicide is committed in the doing of an unlawful act not amounting to a felony while operating any vehicle, or while driving in a negligent manner, than is meted out in the cases of homicides otherwise committed in the doing of an unlawful act not amounting to felony or without due caution and circumspection ... When the legislature has so spoken and the court has stated the law to the jury in the language of the applicable statutes, it is not required to do more. Pociask , at 791-792.”

   1 later decision quote this exact passage
   e.g. 590 So. 2d 1139 - State v. Ritchie

3. “negligence resulting from a failure to exercise ordinary care under all the facts and circumstances.”

   1 later decision quote this exact passage
   e.g. 590 So. 2d 1139 - State v. Ritchie