United States v. Paster’s Empirical Analysis
173 F.3d 206 · 1999
Citation profile
28 federal appellate · 1 district ·
Relationships
Applies 18 U.S.C. § 1111 · 18 U.S.C. § 7
Relies on Koon v. United States · McMillan v. Pennsylvania · Berkery v. Commissioner · Foss v. Foss · United States v. Kikumura
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, "and premeditated killing; or committed in the preparation of, or attempt to perpetrate, any arson, escape, murder, kidnaping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder of the first degree. Any other murder is murder in the second degree. (b) Within the special and maritime and territorial jurisdiction of the United States,”
1 later decision quote this exact passage · from the majority““(a) the size and strength of the victim, or other relevant physical characteristics, in comparison with those of the defendant; (b) the persistence of the victim’s conduct and any efforts by the defendant to prevent confrontation; (c) the danger reasonably perceived by the defendant, including the victim’s reputation for violence; (d) the danger actually presented to the defendant by the victim; and (e) any other relevant conduct by the victim that substantially contributed to the danger presented.””
1 later decision quote this exact passage · from the majority“A single act of aberrant behavior ... generally contemplates a spontaneous and seemingly thoughtless act rather than one which was the result of substantial planning because an act which occurs suddenly and is not the result of a continued reflective process is one for which the defendant may be arguably less accountable.”
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.