State v. Harkness’s Empirical Analysis

Citation profile

2 federal appellate · 15 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`Perhaps a revision of the rules of criminal responsibility would be forthcoming if the law felt it could place greater trust and confidence in psychiatry. The spectacle not only of individual psychiatrists in disagreement, but also entire divergent schools of thought is not an inspiring one. As one authority stated, "[P]sychiatry is still more of an art than a science."' Sauer v. United States (9 Cir.), 241 F.2d 640, 648-650 ." (p. 336.)”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Smith

2. “"However, until such time as we are convinced by a firm foundation in scientific fact that a test for criminal responsibility other than M'Naghten will serve the basic end of our criminal jurisprudence, i.e., the protection of society from grievous anti-social acts, this court has decided to continue to submit the question of criminal responsibility on the issue of insanity to the jury by the time-tested M'Naghten rule...." (p. 337.)”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Smith

3. ““The adoption of the ALI standard would be a substantive new rule in Iowa extending absolute immunity from criminal responsibility to persons who, although capable of understanding the nature and quality of the acts (the ability to distinguish between right and wrong), are unable to control their own behavior as a result of mental disease or defect.””

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Gaddy