Barker v. Commonwealth’s Empirical Analysis
2012
Citation profile
7
cited by 7 later decisions
3
states following
June 2019
most recently cited
6 state decisions
Relationships
Applies 18 U.S.C. § 6003
Relies on Miranda v. State of Arizona Vignera · Morrissey v. Brewer · Simmons v. United States · Griffin v. California · Gagnon v. Scarpelli
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[B]asic fairness demands that a defendant must not be forced to forfeit one constitutional right to preserve another constitutional right.”
2 later decisions quote this exact passage · from the majority“To sustain a criminal conviction requires proof beyond a reasonable doubt. By contrast, “[probation revocation requires proof by a preponderance of the evidence that a violation has occurred.” Because of the lower burden of proof required to revoke probation, a trial court could revoke probation before a jury convicts the probationer by finding him guilty beyond a reasonable doubt on identical facts. And a trial court could properly revoke probation on less evidence than is required .for a jury to convict. An individual’s probation may be revoked any time before the expiration of the probationary period when the trial court is satisfied by a preponderance of the evidence presented in a revocation hearing that the probationer violated a condition of probation. Although new charges may form the basis for revocation proceedings, a conviction on those charges is not necessary in order to revoke probation.”
1 later decision quote this exact passage · from the majority“The right against self-incrimination provides two types of protection in criminal proceedings: (1) a defendant cannot be compelled to testify, and (2) the factfinder cannot draw adverse inferences by the defendant's refusal to testify.”
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.