State v. Joern’s Empirical Analysis
1977
Citation profile
7 state decisions
How this case has been cited
Cited by 7 later decisions — most recently February 2022
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Nokota Feeds, Inc. v. State Bank of Lakota · State v. Rueb · State v. Foutch · 34 Ill. App. 3d 1029 - People v. Hayn · State v. Holte
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The primary problem in determining how the elements of rape should be stated concerns the method by which the imposition by the male or the lack of consent by the female should be described. . . . There is considerable difficulty, however, in determining how the elements of force or threat should be defined. As has been stated elsewhere, rape "is the only form of violent criminal assault in which the physical act accomplished by the offender . . . is an act which may, under other circumstances, be desirable to the victim." This unique feature of the offense necessitates the drawing of a line between forcible rape on the one hand and reluctant submission on the other, between true aggression and desired intimacy. . . . As will be elaborated below, the effort in Subsection (1)(a) is to meet these difficulties in the most serious form of rape by focusing upon objective manifestations of aggression by the actor. Accordingly, the offense is defined to occur when the actor "compels" the victim "to submit by force or by threat" of certain specified serious harms. . . . With respect to grading, the Model Code is drafted on the premise that three major factors should control: the culpability and dangerousness manifested by the actor; the presence or absence of factors objectively verifying these conditions in the actor; and the degree of harm inflicted upon the victim. . . . Subsection (1)(a) of Section 213.1 punishes forcible rape. The definition of the offense is stated not in terms”
1 later decision quote this exact passagee.g. State v. Vantreece
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.