Aguirre v. State’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Except as provided in Subsection (b), ... a person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires. (b) If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element. (c) If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b), ... intent, knowledge, or recklessness suffices to establish criminal responsibility.”

   3 later decisions quote this exact passage · from the majority
   e.g. Thompson v. State · Lomax v. State

2. “Many of these offenses are not in the nature of positive aggressions or invasions with which the common law so often dealt, but are in the nature of neglect where the law requires care, or inaction where it imposes a duty. Many violations of such regulations result in no direct or immediate injury to person or property but merely create the danger or probability ■ of it which the law seeks to minimize. While such offenses do not threaten the security of the state in the manner of treason, they may be regarded as offenses against its authority, for their occurrence impairs the efficiency of controls deemed essential to the social order as presently constituted. In this respect, whatever the intent of the violator, the injury is the same, and the consequences are injurious or not according to fortuity.... The accused, if he does not will the violation, usually is in a position to prevent it with no more care than society might reasonably expect and no more exertion than it might reasonably exact from one who assumed his responsibilities. Also, penalties commonly are relatively small, and conviction does no grave damage to ah offender’s reputation. Under such considerations, courts have turned to construing statutes and regulations which make no mention of intent as dispensing with it and holding that the guilty act alone makes out the crime.”

   1 later decision quote this exact passage · from the majority
   e.g. Ex Parte Weise

3. “The language of the statute is, of course, to be considered. “It is particularly significant when some such word as ‘knowingly 1 is used in one section of a statute and omitted from another.” [Footnote omitted]. An example is The Meat Inspection Law of 1945. [Footnote omitted]. The act defined criminal offenses in four consecutive sections. The first three sections made it unlawful “to knowingly sell” meat from diseased ani mals, [footnote omitted] and “to knowingly sell or offer to sell” meat from animals that died other than by slaughter. [Footnote omitted]. The fourth section made it unlawful simply “to sell” meat from animals such as horses. [Footnote omitted]. The omission of a culpable mental state from only one of the four sections was a clear implication of the legislature’s intent to dispense with a mental element in that section. This Court had no difficulty in concluding that a culpable mental state was not part of the offense defined in that section. See Neill v. State, 154 Tex.Crim. 549, 552 , 229 S.W.2d 361, 363 (1950).”

   1 later decision quote this exact passage · from the majority
   e.g. Lomax v. State