DeBacker v. Brainard’s Empirical Analysis

Citation profile

34 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Gault decided that, although the Fourteenth Amendment does not require that the hearing at this stage conform with all the requirements of a criminal trial or even of the usual administrative proceeding, the Due Process Clause does require application during the adjudicatory hearing of `the essentials of due process and fair treatment.'"”

   2 later decisions quote this exact passage · from the majority
   e.g. In re R. Y. · In Re RY

2. “except by the concurrence of five judges.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Santana · DeBacker v. Sigler

3. ““Careful analysis of the Gault opinion, however, discloses no basis for such dire predictions or sweeping statements \i.e., that “the juvenile court laws had been emasculated, if not fully destroyed”]. We find in Gault an opinion carefully limited in scope. The Court held, in essence, that the hearing at which the juvenile is adjudged delinquent must comport with the essential requirements of procedural due process imposed upon the states by the fourteenth amendment of the Constitution. Specifically, the Court held that the juvenile must receive notice of the charges, right to counsel, right of confrontation and cross-examination, and the protection against self-incrimination. The ultimate basis for this decision was that the ‘ [¶] ailure to observe the fundamental requirements of due process has resulted in instances which might have been avoided, of unfairness to individuals and inadequate or inaccurate findings of fact and unfortunate prescriptions of remedy. * * * It is these instruments of due process which enhance the possibility that truth will emerge from the confrontation of opposing versions and conflicting data.’ (387 U. S. pp. 19-21, 87 S. Ct. p. 1439). “At no point in its opinion, however, does the Court suggest that its conclusion extends to every aspect of a juvenile court proceedings. Indeed, it takes great pains to emphasize that, ‘We do not in this opinion consider the impact of these constitutional provisions upon the totality of the relationship of the juv”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Johnson