Bennett v. United States’s Empirical Analysis
158 F.2d 412 · 1946
Citation profile
23 federal appellate · 1 district · 12 state decisions
How this case has been cited
Cited by 45 later decisions — most recently January 1973 · most notably State v. Hewett (1967), State v. Duncan (1967)
23 federal appellate · 1 district · 12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Langnes v. Green · Burns v. United States · Escoe v. Zerbst · The Steamship Styria v. James L Morgan · French v. Edwards
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The duty placed upon the probation officer to furnish to each probationer under his supervision ‘a written statement of the conditions of probation’ and to ‘instruct him regarding the same' * * * cannot be deemed to restrict the court’s discretion in modifying the terms of probation or in revoking it. The evident purpose is to give appropriate admonition to the probationer, not to change his position from the possession of a privilege to the enjoyment of a right. He is still a person convicted of an offense, and the suspension of his sentence remains within the control of the court.” “The question is simply whether there has been an abuse of discretion and is to be determined in accordance with familiar principles governing the exercise of judicial discretion. That exercise implies conscientious judgment, not arbitrary action. * * * While probation is a matter of grace, the probationer k entitled to fair treatment, and is not to be made the victim of whim or caprice.””
1 later decision quote this exact passage · from the majority““ * * * But the power of the lawmakers to dispense with notice or a hearing as part of the procedure of probation does not mean that a like dispensing power, in opposition to the will of Congress, has been confided to the courts. The privilege is no less real because its source is in the statute rather than in the Fifth Amendment. * * *” Escoe v. Zerbst, 295 U.S. 490 , 79 L. Ed 1569.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.