2003 Pa. Super. 419 - Commonwealth v. Rhoads’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) Assessment. — Upon receipt from the court of an order for an assessment An assessment shall include, but not be limited to, an examination of the following: (1) Facts of the current offense, including: (i) Whether the offense involved multiple victims. (ii)Whether the individual exceeded the means necessary to achieve the offense. (iii) The nature of the sexual contact with the victim. (iv) Relationship of the individual to the victim. (v) Age of the victim. (vi) Whether the offense included a display of unusual cruelty by the individual during the commission of the crime. (vii) The mental capacity of the victim. (2) Prior offense history, including: (i) The individual’s prior criminal record. (ii) Whether the individual completed any prior sentences. (iii) Whether the individual participated in available programs for sexual offenders. (3) Characteristics of the individual, including: (i) Age of the individual. (ii) Use of illegal drugs by the individual. (iii) Any mental illness, mental disability or mental abnormality. (iv) Behavioral characteristics that contribute to the individual’s conduct. (4) Factors that are supported in a sexual offender assessment filed as criteria reasonably related to the risk of reoffense.”

   1 later decision quote this exact passage
   e.g. 2004 Pa. Super. 19 - Commonwealth v. Howe

2. “We first note that only individuals convicted of an offense enumerated under 42 Pa.C.S.A. § 9795.1, Registration, of the Act are subject to an assessment devised to determine if such individual should be classified as a [sexually violent predator]. See 42 Pa.C.S.A. § 9795.4, Assessments; see also 42 Pa.C.S.A. § 9795.1. To further avoid arbitrary or capricious enforcement of the law, a thorough assessment of such individual is conducted pursuant to 42 Pa.C.S.A. § 9795.4(b), Assessment n7 before that individual is adjudicated as a “sexually violent predator”. Given the definitive filtering mechanism offered by § 9795.1 in terms of clearly defining who is subject to a [sexually violent predator] assessment and the exhaustive determinative factors utilized in making such an assessment in accordance with § 9795.4, we find the statute is sufficiently clear and specific to withstand appellant’s constitutional challenge. 42 Pa.C.S.A. § 9795.4(b).”

   1 later decision quote this exact passage
   e.g. 2004 Pa. Super. 19 - Commonwealth v. Howe

3. “In light of our Supreme Court’s holding [in Williams ], we find all of appellant’s constitutional challenges, which hinge on the underlying assumption that the registration, notification and counseling provisions of [Megan’s Law II] constitute criminal punishment and therefore, individually or collectively, violate one’s constitutional rights by imposing an additional punishment without providing due constitutional safeguards, to be without merit.”

   1 later decision quote this exact passage
   e.g. 2004 Pa. Super. 4 - Commonwealth v. Anthony