319 So. 2d 367 - State v. Babin’s Empirical Analysis

Citation profile

3 federal appellate · 36 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`The issue of insanity having been fairly raised, the jury may return one of three verdicts, guilty, not guilty, or not guilty by reason of insanity. Jurors, in common with people in general, are aware of the meanings of verdicts of guilty and not guilty. It is common knowledge that a verdict of not guilty means that the prisoner goes free and that a verdict of guilty means that he is subject to such punishment as the court may impose. But a verdict of not guilty by reason of insanity has no such commonly understood meaning. . . . It means neither freedom nor punishment. It means the accused will be confined in a hospital for the mentally ill until the superintendent of such hospital certifies, and the court is satisfied, that such person has recovered his sanity and will not in the reasonable future be dangerous to himself or others. We think the jury has a right to know the meaning of this possible verdict as accurately as it knows by common knowledge the meaning of the other two possible verdicts.' * * * * * * "In view of our interpretation of Art. 803 of the C.Cr.P., and in order to prevent a possible miscarriage of justice, flowing from the imprisonment of one who should be hospitalized because a jury does not understand the effects of an insanity verdict, we hold that the instructions here at issue must be given if they have been specially requested by defendant or by the jurors. "We prefer not to prescribe any particular form that such instructions must take. However,”

   4 later decisions quote this exact passage
   e.g. Jackson v. Foti · State v. Shickles

2. “"If a defendant is found not guilty by reason of insanity in a case of this nature, the court shall remand him to the parish jail or to a private mental institution approved by the court and shall promptly hold a contradictory hearing at which the defendant shall have the burden of proof to determine whether the defendant can be discharged or can be released on probation without danger to others or to himself. If the court determines that the defendant can be discharged or can be released on probation without danger to others or to himself, it shall either order his discharge or order his release on probation, subject to specified conditions for a fixed or indeterminate period. If the court determines that the defendant cannot be released without danger to others or to himself, the court shall order him committed to a proper state mental institution or to a private mental institution approved by the court for the custody, care and treatment. If committed, the defendant shall not be released until the court determines that he can be released without danger to himself or others."”

   2 later decisions quote this exact passage
   e.g. State v. Horton · 346 So. 2d 181 - State v. Williams

3. “When a defendant has specially pleaded insanity . . . the court shall charge the jury with respect to the law applicable thereto.”

   2 later decisions quote this exact passage
   e.g. State v. Gurley · 612 So. 2d 308 - State v. Leeming