State v. McLaughlin’s Empirical Analysis

Citation profile

70 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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Do you unanimously find beyond a reasonable doubt that the aggravating circumstance or circumstances you found is, or are, sufficiently substantial to call for the imposition of the death penalty when considered with the mitigating circumstance or circumstances found by one or more of you?”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. DeCastro · State v. Rowsey

2. “THE COURT: Now let me ask you, I assume—are you making progress now or do you feel like—you don't feel like you're hopelessly— FOREMAN:—I think that all of us are to a point that, you know, we just need to go back but I think everybody's mind is pretty close to the final decision factor. THE COURT: So you are still deliberating and discussing it and moving forward? FOREMAN: We have been up until this point. THE COURT: Let me say a few things to you that you probably have heard before and then I'll let you go back. I want to emphasize the fact to you that it is your duty to do whatever you can to reach a verdict. You should reason the matter over together as reasonable men and women and to reconcile your differences if you can without the surrender of conscientious convictions. However, no juror should surrender his or her honest conviction as to the weight or the effect of the evidence solely because of the opinion of his or her fellow jurors or for the mere purpose of returning a verdict. So I will let you resume your deliberations at this time. If you will, step back and see if you can reach a verdict, please.”

   1 later decision quote this exact passage
   e.g. State v. Lyons

3. “Before the jury retires for deliberation, the judge may give an instruction which informs the jury that: (1) Jurors have a duty to consult with one another and to deliberate with a view to reaching an agreement, if it can be done without violence to individual judgment; (2) Each juror must decide the case for himself, but only after an impartial consideration of the evidence with his fellow jurors; (3) In the course of deliberations, a juror should not hesitate to reexamine his own views and change his opinion if convinced it is erroneous; and (4) No juror should surrender his honest conviction as to the weight or effect of the evidence solely because of the opinion of his fellow jurors, or for the mere purpose of returning a verdict.”

   1 later decision quote this exact passage
   e.g. State v. Lyons