Smith v. State’s Empirical Analysis

Citation profile

2 district · 33 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Jurors are expected to use all the experience, common sense and common knowledge they possess. But they are not to rely on any private source of information. Thus, they should be careful at home or elsewhere. A fact that a juror gets from a private source may be only half true. It may be a fact that can be explained or perhaps the law of evidence requires it should have no influence on the outcome. At any rate, it is only fair that the parties have a chance to know and explain or answer any facts that matter in the case. Jurors must not talk about the case with others not on the jury and must not read about the case in the newspapers. They should avoid radio and television broadcasts that might mention the case. The jury’s verdict must be based on nothing else but the evidence before the Court. Breaking these rules is likely to confuse a juror. It may be hard to separate in a person’s mind the court testimony and reports coming from other sources and such outside reports may be baised or inaccurate. Handbook, at 20-21.”

   2 later decisions quote this exact passage
   e.g. Flamer v. State · Weber v. State

2. “Basically, at least two evils may occur as a result of an instruction concerning possible pardon, parole or probation. First, such comment to a jury may `becloud the issue before them and open the way to a compromise verdict.' (citation omitted) ... Second, relying upon the possibility of parole, probation or the like, a jury may be tempted to compensate for what it considers future leniency or release, and deal with the case more severely than it might otherwise... . We hold that it is impermissible for a jury to consider and attempt to evaluate the uncertain effects of potential post-conviction remedies. Such conjecture is not within the traditional perimeters of a jury's function and has no place in our system of justice in this State.”

   1 later decision quote this exact passage
   e.g. 691 So. 2d 959 - Wiley v. State

3. “[K]nowledge on the part of the jury that there is possible review by other governmental authorities may cause that jury to avoid its responsibility.... [S]uch comment may imply to a jury that if it mistakenly convicts an innocent man, or mistakenly fails to recommend mercy, the error may be corrected by others; under such circumstances, a conviction is more likely and a recommendation of mercy less likely.”

   1 later decision quote this exact passage
   e.g. 37 Cal. 3d 136 - People v. Ramos