State v. Smith’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1) the defendant's age; 2) the defendant's lack of education or low intelligence; 3) the absence of any advice to the defendant of his constitutional rights; 4) the length of detention; 5) the repeated and prolonged nature of questioning; and 6) the use of physical punishment such as deprivation of food or sleep. A defendant's prior experience with law enforcement officers and the courts is also a factor this Court considers. The question is not whether the interrogators' statements were the cause of the confession but whether those statements were so manipulative or coercive that they deprived [a defendant] of his ability to make an unrestrained, autonomous decision to confess.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Owens · State v. Smith

2. “[t]he question is not whether the interrogators' statements were the cause of the confession[,] but whether those statements were so manipulative or coercive that they deprived [a defendant] of his ability to make an unrestrained, autonomous decision to confess.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Tuttle

3. “the effect the totality of the circumstances had upon the will of the defendant and whether the defendant's will was overborne.”

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