Erdman v. State’s Empirical Analysis

Citation profile

2 federal appellate · 19 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “26A Effect of a Finding of Not Criminally Responsible By Reason of Insanity Ladies and gentlemen, of the jury you are entitled to know the legal effect of your verdict in this case. Keep in mind, at all times, that your decision should be based solely upon the evidence that you have heard. You, of course, are aware of the consequences of a verdict, reached by you, ladies and gentlemen of the jury, of guilty or not guilty, but a verdict of not criminally responsible by reason of insanity may not have such a commonly understood meaning. If Edward Clark, the Defendant is found not criminally responsible by reason of insanity, the Court has the authority to commit the Defendant to the Department of Health and Mental Hygiene for institutional, in-patient care and treatment. His commitment is for a period of time wherein his behavior is monitored by the institutional staff. When the Defendant is viewed by the staff that he is not a danger to himself or to the person or property of others, he is then entitled to a hearing within the institution. The burden of proof is with the committed individual to establish by a preponderance of the evidence that he is not a danger to himself or to the person or property of others if discharged or released from confinement within the conditions imposed by the Court. The findings and recommendations of the Board are then forwarded to the Court for the final determination of whether the Defendant should remain committed; be conditionally released; ”

   1 later decision quote this exact passage
   e.g. 80 Md. App. 405 - Clark v. State

2. “The word “responsible” stood naked before the jury. The jury received no indication whatsoever by way of court proceedings as to what happens to a defendant found to be not criminally responsible for his criminal conduct. The curtain was drawn on that matter and no light seeped through officially. All the jury had before it was the test for its determination whether the defendant was “responsible” or not. There was no suggestion as to what effect a finding of not criminally responsible would have. The common meaning of “responsible” is “likely to be called upon to answer (a man is [responsible] for his acts).” Webster’s 3rd New International Dictionary of the English Language Unabridged. Or as Webster also defines it, “chargeable with the result.” It follows that if one is not responsible he is not likely to be called upon to answer for his acts or chargeable with their result. This leads to a reasonable connotation that a defendant found to be not responsible for his criminal conduct will walk out of the courtroom, not only unpunished but free of any restraint.”

   1 later decision quote this exact passage
   e.g. 80 Md. App. 405 - Clark v. State

3. “We are convinced that the risk * * * is substantial, i.e., that a jury may ignore the evidence of insanity if the jury misunderstands the consequences of a verdict of not guilty by reason of insanity and focuses instead on the fear that such a verdict will result in releasing a dangerous person to prey upon society. Freed from confusion and fear as to the practical effect of a verdict of not guilty by reason of insanity, jurors should be able to decide the insanity issue solely on the evidence and law governing the defense.”

   1 later decision quote this exact passage
   e.g. 154 Or. App. 589 - State v. Amini