United States v. Klass’s Empirical Analysis

Citation profile

76 federal appellate · 6 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 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It must be considered with all of the other evidence and weighed with that.' " 25 (Emphasis in original.) 26 The court, considering these instructions confusing and prejudicial, held that a charge on character evidence should include the purpose, probative status and possible effect of such evidence. That is, the district court should have explained to the jury that the defendant introduced character evidence to generate a reasonable doubt, that the jury should consider the character evidence without regard to the strength or weakness of the other evidence, and that, if the character evidence raised a reasonable doubt as to the defendant's guilt, the jury should return a verdict of not guilty. Id. at 379-80. The court concluded: 27 "A charge on reputation evidence must meet the requirements thus set forth and the defendant who adduces such evidence is entitled to have it considered, if believed, along with all the other evidence in the case until the jury is convinced of his guilt beyond a reasonable doubt, no matter how convincing the other evidence may appear to be. That, we assume, is the purport of the statement in the Edgington case ' * * * although, without it, the other evidence would be convincing.' It logically follows that if all the evidence, including the reputation evidence, convinces the jury beyond a reasonable doubt of the defendant's guilt, the inquiry is at an end.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Logan

2. ““Now ladies and gentlemen of the jury, there were some character witnesses who testified in this case. You will observe that those character witnesses did-n’t say a thing about the facts and circumstances of this case. All those character witnesses said was that they knew the reputation of these defendants in the community in which each defendant lived as to the truth and veracity or honest and integrity, or words to that general effect. Now I charge you that character evidence may be considered by you along with all of the other evidence in the case in deciding whether to return your verdict of guilty or not guilty. Now the purpose of character evidence is primarily this: That if a fellow has a good reputation, it is reasonable to infer he will act honestly and truthfully. It is for you to determine, taking that testimony under account with all of the rest, whether these people in fact acted honestly and truthfully. You may consider that evidence along with the rest of it, but in the final analysis, it is for you people to determine what weight you will give to it because those witnesses didn’t tell us a thing about what happened; and under what circumstances it happened in this case.””

   1 later decision quote this exact passage · from the majority
   e.g. Hayes v. United States

3. “It is not necessary that the actual principal be tried or convicted, nor is it material that the actual principal has been acquitted. [We think the court might also have added that it is immaterial that the principal has been convicted or entered a plea of guilty.] The aider and abettor may be charged with the substantive offense, and each participant must stand on his own two feet. [Citing cases.]”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Browne