2013 Pa. Super. 151 - Commonwealth v. Williams’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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[42 Pa.C.S. § 9721(b) ] constrains a sentencing court’s discretion in that it requires that any sentence imposed be “consistent with the protection of the public, the gravity of the offense[,] ... and the rehabilitative needs of the defendant.” 42 Pa.C.S. § 9721(b) (emphasis added). A sentence that disproportionally punishes a defendant in excess of what is necessary to achieve consistency with the section 9721(b) factors violates the express terms of 42 Pa.C.S. § 9721(b), as would a sentence that is disproportionately lenient. Certainly consistency with section 9721(b) factors does not require strict proportionality in sentencing, and the nonquantifiable nature of the factors considered would not permit- such a rule in any event. However, a sentence that is clearly and excessively disproportionate is, by definition, inconsistent with “the protection of the public, the gravity of the offense[,] ... and the rehabilitative needs of the defendant.” 42 Pa.C.S. § 9721(b). We agree [with the trial court] that [the appellant’s] recidivism required an escalation of sanctions. The issue is one of proportionality. That principle does not undermine the sound reasoning that escalating penalties are required to deter recidivism, but instead strengthens it by preventing unreasonable interpretations that undermine public confidence in the criminal justice system as a whole. Tolerance of such incongruities on the grounds of appellate deference to trial court discretion undermines our commitm”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Dodge

2. “court imposed a sentence unreasonably disproportionate to her crimes and unduly excessive”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Green