Burroughs v. United States’s Empirical Analysis
365 F.2d 431 · 1966
Citation profile
72 federal appellate · 20 state decisions
How this case has been cited
Cited by 98 later decisions — most recently January 2019 · most notably United States v. Skillman (1971), State v. Maupin (1975)
72 federal appellate · 20 state decisions — followed in 14 states
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
Applies 18 U.S.C. § 1010
Relies on Wong Sun v. United States · Allen v. United States · Green v. United States · Elbel v. United States · Huffman v. United States
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 98 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * in any event, it is ’ one thing to recall the jury to beseech them to reason together, and it is quite another to entreat them to strive toward a verdict by a certain time. When these admonitions are considered in their context, they are subject to the clear inference.that the judge was unduly anxious to conclude the lawsuit, and we think it entirely reasonable to infer that the jury was aware of his anxiety. This type of verdict-urging on the part of the court tends to undermine the proper function of the common law jury system as contemplated by the Seventh Amendment * * ■*.””
5 later decisions quote this exact passage · from the majority“* * * Now the Court doesn't want to know how you stand at all and it would be improper for you or anyone to attempt to say how you stand on the problem before you. 6 "I do want to say that to me, though I have tried lots of cases, this is a rather comparatively simple case. To have a hung jury simply means it's got to be tried again, and the expense that the defendants have gone to and the expense that the plaintiff has gone to will be lost, and another jury in my honest conviction would be no smarter, no better — could be no smarter, could be no more intelligent, than this group of jurors. 7 "The Court never wants to force a verdict of any kind under any circumstances, and that would be wrong. The Court doesn't do that and the Court is not going to do it now. 8 "Notwithstanding that fact, I should like to ask Mr. [Foreman], if you don't think that if you would go back and work a little while longer you might arrive at a verdict?”
1 later decision quote this exact passage“tell[ing] the jury that if they have not arrived at a verdict by a stated time, they should return to the court room for further instructions concerning whether they should deliberate further or be excused until the next day.”
1 later decision quote this exact passage · from the majority
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.