People v. Benzinger’s Empirical Analysis

Citation profile

6 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the charge should include a statement that the People have to prove beyond a reasonable doubt ‘circumstantial facts,’ which do not, in and of themselves, establish guilt. The circumstantial facts have to be established by direct evidence. [2] Second, the circumstantial facts must justify the conclusion of guilt beyond a reasonable doubt. [3] Third, the inference of guilt “must flow naturally, reasonably and logically from the facts proved and must be consistent with all such facts proved.” [4] Fourth, the “circumstantial facts proved must-all be consistent with guilt and inconsistent with innocence.” [5] Fifth, the “circumstantial facts proved must exclude to a moral certainty every hypothesis but guilt.””

   1 later decision quote this exact passage
   e.g. 58 F. Supp. 2d 124 - Franza v. Stinson

2. “`danger legitimately associated with circumstantial evidence—that the trier of facts may leap logical gaps in the proof offered and draw unwarranted conclusions based on probabilities of low degree.'”

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