In Re James D.’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) The court may enter a judgment of restitution against the parent of a child, or the child in any case in which the court finds a child has committed a delinquent act and during the commission of that delinquent act has: (1) Stolen, damaged, or destroyed the property of another; (2) Inflicted personal injury on another, requiring the injured person to incur medical, dental, hospital, or funeral expenses. “(b) Considering the age and circumstances of a child, the court may order the child to make restitution to the wronged party personally. “(c)(1) A judgment rendered under this section may not exceed: (i) As to property stolen or destroyed, the lesser of the fair market value of the property or $5,000; (ii) As to property damaged, the lesser of the amount of damage not to exceed the fair market value of the property damaged or $5,000; and (iii) As to personal injuries, inflicted, the lesser of the reasonable medical, dental, hospital, funeral, and burial expenses incurred by the injured person as a result of the injury or $5,000.””

   3 later decisions quote this exact passage · from the majority
   e.g. 69 Md. App. 755 - In Re Zephrin D. · In Re Ramont K.

2. ““We note that in statutes of five states, Georgia, Illinois, North Carolina, Texas, and Wyoming, no liability is placed on a father or mother where the juvenile is in the custody of others, and that New Jersey by statutory construction has reached a similar result. The term ‘parent’ is commonly understood to mean a father or a mother, but Webster’s New International Dictionary (2d ed. 1947) is authority for the fact that the term ‘is sometimes used popularly and in statutes to include persons standing in loco parentis other than the natural parents.’ In fact, an earlier edition (1930) goes on to add ‘as in Lord Campbell’s Act, where it is defined to include father, mother, grandfather, grandmother, stepfather, or stepmother . . . .’ Problems of constitutionality would arise under the Fourteenth Amendment to the Constitution of the United States and Maryland Declaration of Rights Art. 24 were we to interpret the statute here as applying to a father or a mother who did not have actual custody and control over a child at the time of the act in question. Accordingly, we prefer to follow the lead of the New Jersey court and ‘take this opportunity to construe the statute more narrowly than its literal wording.’ We hold that the General Assembly when it enacted this law could not have intended to place liability upon a mother or a father for an act of the child committed while in the custody of the State.” 295 Md. at 327-28 , 455 A.2d at 972 .”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Ramont K. · 89 Md. App. 762 - In Re William George T.

3. ““When the only justification for a legal burden, penalty, or classification is to punish or deter conduct, the burden cannot fairly be imposed on individuals who have no means of avoiding it. If punishment or deterrence is directed toward individuals who cannot affect the offending conduct, it is illogical. If it is directed toward the wrongdoer, whom the government hopes to reach through its action toward those close to him, it may be logical and effective, but it may also be contrary to basic justice.””

   1 later decision quote this exact passage · from the majority
   e.g. 89 Md. App. 762 - In Re William George T.