State v. Vincent’s Empirical Analysis

Citation profile

2 federal appellate · 62 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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The perception that confrontation is essential to fairness has persisted over the centuries because there is much truth to it. A witness “may feel quite differently when he has to repeat his story looking at the man whom he will harm greatly by distorting or mistaking the facts. He can now understand what sort of human being that man is.” It is always more difficult to tell a lie about a person “to his face” than “behind his back.” In the former context, even if the lie is told, it will often be told less convincingly. The Confrontation Clause does not, of course, compel the witness to fix his eyes upon the defendant; he may studiously look elsewhere, but the trier of fact will draw its own conclusions. Thus the right to face-to-face confrontation serves much the same purpose as a less explicit component of the Confrontation Clause that we have had more frequent occasion to discuss — the right to cross-examine the accuser; both “ensur[e] the integrity of the fact-finding process.” The State can hardly gainsay the profound effect upon a witness of standing in the presence of the person the witness accuses, since that is the very phenomenon it relies upon to establish the potential “trauma” that allegedly justified the extraordinary procedure in the present case. That face-to-face presence may, unfortunately, upset the truthful rape victim or abused child; but by the same token it may confound and undo the false accuser, or reveal the child coached by a malevolent adult. It is ”

   2 later decisions quote this exact passage
   e.g. United States v. Bramel · United States v. Bramel

2. ““Justice Scalia acknowledged that certain rights implicit in the Confrontation Clause—the right to cross-examine and to exclude out-of-court statements, for example—were not absolute and might give way to other important interests. But this, he wrote, “ ‘is not the same as holding that we can identify exceptions, in light of other important interests, to the irreducible literal meaning of the clause: “a right to meet face to face all those who appear and give evidence at trial.” California v. Green, 399 U.S. [149,] 175, 90 S. Ct. [1930,] 1943-44, [ 26 L. Ed. 2d 489, 506 (1970)] (Harlan, J., concurring) (emphasis added). We leave for another day, however, the question whether any exceptions exist. Whatever they may be, they would surely be allowed only when necessary to further an important public policy.’ “Id. at_, 108 S. Ct. at 2803 , 101 L. Ed. 2d at 867 (emphasis in original). “Though the Court’s opinion left the question of exceptions unsettled, two of the six participants in that opinion were willing to address it. Justice O’Connor, joined by Justice White, wrote in separate concurrence: ‘ “I would permit use of a particular trial procedure that called for something other than face-to-face confrontation if that procedure was necessary to further an important public policy. . . . The protection of child witnesses is, in my view and in the view of a substantial majority of the states, just such a policy. The primary focus therefore likely will be on the necessity prong. I ”

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

3. ““The first and narrower question is whether the statute may be construed as permitting videotaped testimony only upon an individualized showing of necessity. If the statute could not be construed to require such a finding, which Coy tells us is a constitutional threshold requirement, we would be obliged to hold the statute unconstitutional on its face. “We find no difficulty in upholding A.R.S. § 13-4253 on this ground. Although it does not explicitly require a finding of necessity, the statute implicitly does so. It is cast in permissive rather than mandatory language, requiring the trial court to exercise discretion in its use. “ ‘The court, on motion of the prosecution, may order that the testimony of the minor be taken outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact in the proceeding. . . .’ “A.R.S. § 13-4253(B) (emphasis added). Although the statute does not indicate what factors bear on the trial court’s decision, it necessarily contemplates that the trial judge will exercise discretion in accordance with the state and federal constitutions. Thus, we hold, section 13-4253(B) requires the trial judge to condition the substitution of videotaped testimony for live testimony upon an individualized showing of necessity.” State v. Vincent, 26 Ariz. Adv. Rep. at 39 .”

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