State v. Phinney’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) [t]he type of treatment such juvenile would most likely be amenable to; (2) whether there is evidence that the alleged offense included violence or was committed in an aggressive and premeditated manner; (3) the motivation for the commission of the offense; (4) the age of the juvenile and the ages and circumstances of any others involved in the offense; (5) the previous history of the juvenile, including whether he or she had been convicted of any previous offenses or adjudicated in juvenile court, and, if so, whether such offenses were crimes against the person or relating to property, and other previous history of antisocial behavior, if any, including any patterns of physical violence; (6) the sophistication and maturity of the juvenile as determined by consideration of his or her home, school activities, emotional attitude and desire to be treated as an adult, pattern of living, and whether he or she has had previous contact with law enforcement agencies and courts and the nature thereof; (7) whether there are facilities particularly available to the juvenile court for treatment and rehabilitation of the juvenile; (8) whether the best interests of the juvenile and the security of the public may require that the juvenile continue in custody or under supervision for a period extending beyond his or her minority and, if so, the available alternatives best suited to this purpose; and (9) such other matters as [are deemed] relevant____”

   2 later decisions quote this exact passage
   e.g. State v. Ice · State v. Phinney

2. “THIS MATTER came on to be heard upon defendant’s motion requesting waiver of the jurisdiction of this Court to the Juvenile Court for further proceedings. Evidence was adduced by and on behalf of both parties. UPON CONSIDERATION WHEREOF, the Court finds: X That the facilities for the treatment and rehabilitation best suited for the minor are available to the District Court. _ That the facilities for the treatment and rehabilitation best suited for the minor are not available to the Juvenile Court. X That the alleged offense shows evidence of violence or that it was committed in an aggressive and premeditated manner. _ That the previous history of the minor dictates that the present matter be adjudicated in District Court. Such previous history includes: x Convictions of previous offenses _ against the person x relating to property x Antisocial behavior _Patterns of physical violence X That from a consideration of the minor’s home, school activities, emotional attitude, desire to be treated as an adult, pattern of living, and previous contact with law enforcement agencies he or she possesses the sophistication and maturity to stand trial in District Court. X X X That the minor’s age and the age of others involved in the offense do not preclude the present case from being adjudicated in District Court. That the motivation for the commission of the offense warrants trial in District Court. That the best interest of the minor and the security of the public require that the minor ”

   1 later decision quote this exact passage
   e.g. State v. Doyle