State v. Whitt’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Those courts that require the assertion of the privilege outside the jury’s presence adhere to this practice as a means of preventing the jury from- drawing any improper inferences from the witness’ decision to exercise his constitutional privilege. See Bowles v. U.S., 439 F.2d 536, 541 (C.A.D.C.1970) (recognizing concerns that invocation of Fifth Amendment in jury’s presence' “will have a disproportionate impact on their deliberations” and identifying principle that guilt may not be inferred from exercise of privilege as underpinning of rule that jury should not draw inferences from witness’s decision to exercise constitutional privilege against self-incrimination); U.S. v. Johnson, 488 F.2d 1206, 1211 (1st Cir.1973) (stating that “[njeither side has the right to benefit from any inferences the jury may draw simply from the witness’ assertion of the privilege either alone or in conjunction with questions that have been put to him”).”

   1 later decision quote this exact passage
   e.g. State of West Virginia v. Daniel L. Herbert

2. “[wjhere a defendant in a criminal ease seeks to call a witness to the stand who intends to invoke his or her Fifth Amendment privilege against self-incrimination and the defendant has presented sufficient evidence to demonstrate the possible guilt of the witness for the crime the defendant is charged with committing, the trial court has the discretion to compel such witness to invoke his or her Fifth Amendment privilege in the presence of the jury. In making its decision as to whether a witness should be called to the stand for the purpose of invoking his or her Fifth Amendment privilege against self-incrimination, the trial court should consider whether the defendant will be unfairly prejudiced by not allowing the potentially exculpatory witness to invoke this privilege in the jury’s presence.”

   1 later decision quote this exact passage
   e.g. State of West Virginia v. Daniel L. Herbert