Knox v. Commonwealth’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] hammer clause is a provision in a plea .agreement which, in lieu of bail, allows the defendant, after entry of his guilty plea, to remain out of jail pending final sentencing. Generally, .a hammer clause provides that if the defendant complies with all the conditions of his release and appears for the sentencing hearing, the Commonwealth will recommend a certain sentence. But, if he fails to appear as scheduled or violates any of the conditions of his release, a specific and substantially greater sentence will be sought.”

   3 later decisions quote this exact passage · from the majority
   e.g. Prater v. Commonwealth · Helms v. Commonwealth

2. “unless the court is of the opinion that imprisonment is necessary for protection of the public because: (a) There is substantial risk that during a period of probation or conditional discharge the defendant will commit another crime; (b) The defendant is in need of correctional treatment that can be provided most effectively by his commitment to a correctional institution; or (c)A disposition under this chapter will unduly depreciate the seriousness of the defendant’s crime.”

   1 later decision quote this exact passage · from the majority
   e.g. Gaines v. Commonwealth

3. “your sentence is going to be twenty years to serve.” Id. at 896 . The judge also informed Knox and a co-defendant that violation of the conditions of release would result in strict enforcement of the hammer clause, stating,”

   1 later decision quote this exact passage · from the majority
   e.g. Prater v. Commonwealth