State v. Driver’s Empirical Analysis
1962
Citation profile
2 district · 151 state decisions
How this case has been cited
Cited by 155 later decisions — most recently May 2017 · most notably State v. Lynch (1971), State v. Manus (1979)
2 district · 151 state decisions — followed in 19 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
Relies on Culombe v. Connecticut · Bram v. United States · Blackburn v. Alabama · Malinski v. People of State of New York · Michigan National Bank v. Michigan
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 155 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]o tell a jury of laymen at the very outset of the trial that defendant refused ... to take a lie detector test ... create[s] a probable aura of prejudice which ... permeate[s] the proceeding to the very end____In terms of degree of prejudice, the average jury ... might very well be even more affected by proof of a defendant’s refusal to take the test than by the evidence of results adverse to him coupled with proof of its scientific imperfection. A refusal might be regarded as indicating a consciousness of guilt — undoubtedly the reason here why the ... Prosecutor placed such emphasis upon it in his opening.”
6 later decisions quote this exact passage · from the majority“[T]he speakers should be identified and it should be shown that (1) the device was capable of taking the conversation or statement, (2) its operator was competent, (3) the recording is authentic and correct, (4) no changes, additions or deletions have been made, and (5) in instances of alleged confessions, that the statements were elicited voluntarily and without any inducement. [ 38 N.J. at 287 , 183 A.2d 655 .]”
5 later decisions quote this exact passage · from the majority“[i]n all situations, however, the trial judge should listen to the recording out of the presence of the jury before allowing it to be used. In this way he can decide whether it is sufficiently audible, intelligible, not obviously fragmented, and, also of considerable importance, whether it contains any improper and prejudicial matter which ought to be deleted.”
2 later decisions quote this exact passage · from the majoritye.g. State v. Butler · State v. Williams
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.