211 Pa. Super. 62 - Commonwealth v. Johnson’s Empirical Analysis

Citation profile

76 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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In summary, we are in full agreement with the holding of the Supreme Court that the constitutional safeguards of the Fourteenth Amendment guaranteed to adults must similarly be accorded juveniles. It is inconceivable to us, however, that our highest Court attempted, through Gault , to undermine the basic philosophy, idealism and purposes of the juvenile court. We believe that the Supreme Court did not lose sight of the humane and beneficial elements of the juvenile court system; it did not ignore the need for each judge to determine the action appropriate in each individual case; it did not intend to convert the juvenile court into a criminal court for young people. Rather, we find that the Supreme Court recognized that juvenile courts, while acting within the constitutional guarantees of due process, must, nonetheless, retain their flexible procedures and techniques. The institution of jury trial in juvenile court, while not materially contributing to the fact-finding function of the court, would seriously limit the court’s ability to function in this unique manner, and would result in a sterile procedure which could not vary to meet the needs of delinquent children. Accordingly, we reject appellant’s request for a jury trial.” Pennsylvania v. Johnson, 234 A. 2d 9 (1967).”

   5 later decisions quote this exact passage
   e.g. In Re State of New Jersey · 116 N.J. Super. 580 - State, in Interest of Kvn

2. ““He must seek to instill in the child a sense of value, impart a feeling of security and belonging, communicate the importance and dignity of being a member of society and, hopefully, in this manner, prevent the child from pursuing a criminal and antisocial career. A juvenile court judge must, in a unique manner, establish a relationship that will permanently alter the behavior patterns of the child. He must have patience, understanding, and a genuine interest in the welfare of the child and must direct all of his efforts toward rehabilitation.” Commonwealth v. Johnson, supra, 234 A. 2d at 17 .”

   3 later decisions quote this exact passage
   e.g. A.S. v. State · In Re RY

3. ““Careful analysis of the Gault opinion, however, discloses no basis for such dire predictions or sweeping statements \i.e., that “the juvenile court laws had been emasculated, if not fully destroyed”]. We find in Gault an opinion carefully limited in scope. The Court held, in essence, that the hearing at which the juvenile is adjudged delinquent must comport with the essential requirements of procedural due process imposed upon the states by the fourteenth amendment of the Constitution. Specifically, the Court held that the juvenile must receive notice of the charges, right to counsel, right of confrontation and cross-examination, and the protection against self-incrimination. The ultimate basis for this decision was that the ‘ [¶] ailure to observe the fundamental requirements of due process has resulted in instances which might have been avoided, of unfairness to individuals and inadequate or inaccurate findings of fact and unfortunate prescriptions of remedy. * * * It is these instruments of due process which enhance the possibility that truth will emerge from the confrontation of opposing versions and conflicting data.’ (387 U. S. pp. 19-21, 87 S. Ct. p. 1439). “At no point in its opinion, however, does the Court suggest that its conclusion extends to every aspect of a juvenile court proceedings. Indeed, it takes great pains to emphasize that, ‘We do not in this opinion consider the impact of these constitutional provisions upon the totality of the relationship of the juv”

   2 later decisions quote this exact passage
   e.g. In Re Johnson · Bible v. State