People v. Austin’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is well settled that the privilege against self-incrimination may not be asserted in advance of the questions actually propounded.... The proper procedure is to wait until a question which tends to be incriminating has been asked and then decline to answer. Otherwise the privilege is normally waived when the question is answered."”

   2 later decisions quote this exact passage · from the majority
   e.g. People v. Fletcher · People v. Smith

2. “[T]he appearance and voluntary testimony by a potential defendant before a grand jury, after being fully advised both of his constitutional rights and that he is the subject of the investigation is not in violation of the privilege against self-incrimination... To hold otherwise would be ... to hold that one whose conduct is under investigation, may rush to the grand jury room, demand to be heard, ignore all warnings, and if he be permitted to open his mouth, he is thereby forever absolved of his offense.”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Bergen

3. “The privilege against self-incrimination may not be asserted in advance of questions actually propounded; it is an option of refusal, not a prohibition of inquiry.”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Smith