People v. Tinder & Smith’s Empirical Analysis

Citation profile

39 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Constitution of the State declares that ‘all persons shall be bailable by sufficient sureties unless for capital offenses, where the proof is evident or the presumption great.’ (Art. 1, sec. 7.) The Criminal Practice Act, however, provides that ‘a person charged with an offense may be admitted t'o bail before conviction, as follows: 1st, as a matter of discretion in all cases where the punishment is death; 2d, as a matter of right in all other cases; and that ‘no person shall be admitted to bail when he is charged with an offense punishable with death, when the proof is evident or the presumption great.’ (Secs. 509 and 510.) The Constitution, as will be thus seen, secures to the citizen accused the right to bail in all cases, except when charged with a capital offense, and even then, unless the proof of guilt is evident, or the presumption of it is great. The statute, on the other hand, renders the admission to bail a matter of discretion, where the punishment is death, unless such evident proof or great presumption exist. In this respect the statute conflicts with the fundamental law. The admission to bail in capital cases, where the proof is evident or the presumption is great, may be made a matter of discretion, and may be forbidden by legislation, but in no other cases. In all other cases, the admission to bail is a right which the accused can claim, and which no Judge or Court can properly refuse.” (People v. Tinder, 19 Cal. 539, 541 .) “Under our Code of Procedure ”

   1 later decision quote this exact passage · from the majority
   e.g. In re Ball