286 Pa. Super. 65 - Commonwealth v. Erb’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 1106. Restitution for injuries to person or property (a) General rule.—Upon conviction for any crime wherein property has been stolen, converted or otherwise unlawfully obtained, or its value substantially decreased as a direct result of the crime, or wherein the victim suffered personal injury directly resulting from the crime, the offender may be sentenced to make restitution in addition to the punishment prescribed therefor. (b) Condition of probation or parole.—Whenever restitution has been ordered pursuant to subsection (a) and the offender has been placed on probation or parole, his compliance with such order may be made a condition of such probation or parole. (c) Authority of sentencing court.—In determining whether to order restitution as a part of the sentence or as a condition of probation or parole, the court: (1) Shall consider the extent of injury suffered by the victim and such other matters as it deems appropriate. (2) May order restitution in a lump sum, by monthly installments or according to such other schedule as it deems just, provided that the period of time during which the offender is ordered to make restitution shall not exceed the maximum term of imprisonment to which the offender could have been sentenced for the crime of which he was convicted. (3) May at any time alter or amend any order of restitution made pursuant to this section providing, however, that the court state its reasons and conclusions as a matter of record for any change or amendm”

   3 later decisions quote this exact passage
   e.g. 302 Pa. Super. 145 - Commonwealth v. Galloway · 298 Pa. Super. 257 - Commonwealth v. Kerr

2. ““The purpose of a sentence of restitution and ‘the reason for its imposition, is the rehabilitative goal it serves by “impressing upon the offender the loss he had cause and his responsibility to repair that loss as far as it is possible to do so.” ’ Commonwealth v. Kerr, [298] Pa.Super. [257], [260], 444 A.2d 758, 760 (1982), quoting Commonwealth v. Erb, supra 286 Pa.Super. at 79 , 428 A.2d at 581 and Commonwealth v. Fuqua, supra 267 Pa.Super. at 508, 407 A.2d at 26 (emphasis omitted and supplied). ‘If the amount of restitution imposed exceeds the defendant’s ability to pay, the rehabilitative purpose of the order is disserved, especially where the restitution payment is a condition of probation [or parole], for in such a case the defendant is told that he will not be imprisoned only if he somehow satisfies a condition he cannot hope to satisfy.’ Commonwealth v. Fuqua, supra, 267 Pa.Superior Ct. at 509, 407 A.2d at 26 (footnote omitted).””

   1 later decision quote this exact passage
   e.g. 318 Pa. Super. 282 - Commonwealth v. Katz

3. “Since an order of restitution is a sentence, whether it is imposed as a direct sentence or as a condition of probation or parole, it must be supported by the record. See Commonwealth v. Riggins, 474 Pa. 115 , 377 A.2d 140 (1977); Commonwealth v. Martin, 466 Pa. 118 , 351 A.2d 650 (1976). Among the things the sentencing court must consider on the record are: the extent of the injury-suffered, see 18 Pa.C.S. § 1106(c)(1); the fact that the defendant’s action caused the injury and that he will be able to pay for it, see State v. Harris, supra [ 70 N.J. 586 , 363 A.2d 32 (1976)]; and the type of payment — lump sum or installment — that will best serve the needs of the victim and the capabilities of the defendant. See 18 Pa.C.S. § 1106(c)(1).”

   1 later decision quote this exact passage
   e.g. 379 Pa. Super. 376 - Commonwealth v. Hainsey