State v. Wilder’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 106. Physical force by persons with special responsibilities 1. A parent, foster parent, guardian or other similar person responsible for the long term general care and welfare of a person is justified in using a reasonable degree of force against such person when and to the extent that he reasonably believes it necessary to prevent or punish such person's misconduct. A person to whom such parent, foster parent, guardian or other responsible person has expressly delegated permission to so prevent or punish misconduct is similarly justified in using a reasonable degree of force.”

   3 later decisions quote this exact passage
   e.g. Smith v. Hawthorne · State v. York

2. “the State must prove beyond a reasonable doubt that ... the parent’s belief that such physical force was necessary to control the child’s misconduct was grossly deviant from what a reasonable and prudent parent would believe necessary in the same situation.” Id. at 455 (emphasis added). But, as this court made clear in Newby , the test in this jurisdiction is whether the discipline was”

   1 later decision quote this exact passage
   e.g. Lee v. United States