2017 Pa. Super. 162 - Commonwealth v. Fortson’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The sentencing guidelines provide sanctions proportionate to the severity of the crime and the severity of the offender’s prior conviction record. This establishes a sentencing system with a primary focus on retribution, but one in which the recommendations allow for the fulfillment of. other sentencing purposes including rehabilitation, deterrence, and incapacitation. 204 Pa. Code § 303.11 (a). [[Image here]] Moreover, the guidelines set forth a framework, to be considered by the sentencing court in fashioning an individualized sentence. See Commonwealth v. Walls, [ ] 592 Pa. 557 , 926 A.2d 957, 962-963 (2007); see also 42 Pa.C.S. §§ 2154(a), 9721; see generally 204 Pa. Code §§ 303.1 -.18(c). To be clear, while the court must consider the guidelines, the court is also afforded broad discretion in sentencing matters, as it is in the best position to evaluate the individual circumstances before it. Walls, 926 A.2d at 961 . Thus, the guidelines “merely inform the sentencing decision.” Id; at 962.”

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