361 Pa. Super. 343 - Commonwealth v. Lowe’s Empirical Analysis
1987
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently November 2018
16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Roberts v. United States · Commonwealth v. Riggins · Commonwealth v. Martin · 282 Pa. Super. 193 - Commonwealth v. O'Brien · 340 Pa. Super. 528 - Commonwealth v. Parrish
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he court shall follow the general principle that the sentence imposed should call for confinement that is consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and on the community, and the rehabilitative needs of the defendant.”
3 later decisions quote this exact passage“This is a difficult case because the type of offense that we have involved here is a serious one and appears to be the bane along with drugs of our society. The sentencing code talks about total confinement in circumstances where there is an und[ue] risk during a period of probation or partial confinement that the Defendant will commit another crime. I don't find that to be a likelihood in this case. Another factor[] is that the Defendant is in need of correctional treatment that can be provided most effectively by his commitment to an institution and I think that that is not the case here. I think the Defendant is in need of correctional treatment. I think that treatment can be dealt with in a non-confinement, non-total confinement situation. The other factor is that a lesser sentence will depreciate the seriousness of the crime of the Defendant. I think I can sculpture a sentence here that will constitute adequate punishment to the Defendant for the serious crime that was committed without depreciating the seriousness of that crime. The sentencing code also contains provisions with respect to factors that may support a sentence which is less than total confinement. The first factor is that the common that the criminal conduct of the Defendant neither caused nor threatened serious harm. I think that's only partially true here. There may have been no physical damage. There may have been no physical harm. But the psychological and emotional harm is every bit as damaging as a”
1 later decision quote this exact passage“those situations where 'the defendant abused his position of trust, public office, or fiduciary obligation to facilitate the commission of the offense.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.