20 Cal. 4th 440 - People v. Hering’s Empirical Analysis
1999
Citation profile
36 state decisions
Relationships
Relies on 35 Cal. 3d 547 - People v. Beeman · 1 Cal. 3d 444 - People v. Hood · 10 Cal. 4th 1 - People v. Cain · 7 Cal. 4th 206 - People v. Colantuono · 11 Cal. 4th 568 - People v. Estrada
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'When the definition of a crime consists of only the description of a particular act, without reference to intent to do a further act or achieve a future consequence, we ask whether the defendant intended to do the proscribed act. This intention is deemed to be a general criminal intent. When the definition refers to defendant's intent to do some further act or achieve some additional consequence, the crime is deemed to be one of specific intent.' [Citation.]”
3 later decisions quote this exact passage“As relevant here, Business and Professions Code section 650 and Insurance Code section 750 in essence prohibit the offering of "any rebate ... or other consideration ... as ... inducement" for referring patients. With respect to the offender's state of mind, the gravamen of each crime is the motivation for the rebate: to induce referrals.... Whether these offenses require some other specific intent is a closer question.... Business and Professions Code section 650 and Insurance Code section 750 can be read to require a finding that the defendant made the offer of a rebate for the purpose of inducing the referral of patients. Thus, if constrained to do so, we would denominate them specific intent crimes.”
1 later decision quote this exact passage“[s]uch classification of offenses is necessary `only when the court must determine whether a defense of voluntary intoxication or mental disease, defect, or disorder is available. . . .'”
1 later decision quote this exact passage
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.