State v. Samson’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The legislative intent was to protect children against the perpetration of sexual indignities to their person in a manner abhorrent to society and to save them from being subjected to iniquitous conduct having a tendency to produce serious emotional and psychological impact on such minors who, because of their tender age, are deemed incapable of protecting themselves. The statutory purpose would be- frustrated to a very substantial degree if-the only prohibited ... contact had to be of the flesh-to-flesh variety.”

   2 later decisions quote this exact passage
   e.g. State v. Schnaidt · State of Iowa v. Aquiles Gonzalez Alvarado

2. ““In relation to the child’s comprehension of the truth and falsehood concepts, a young child’s testimonial competency may be said to be sufficient, if the child appears to have capacity to understand, in some measure, the obligation of an oath or, in practical conception, the capacity to realize that it is wrong to falsify and that if he does tell an untruth he is likely to be punished.” (Emphasis added.) State v. Samson, Me., 388 A.2d 60, 64 (1978).”

   2 later decisions quote this exact passage
   e.g. State v. Eric J. Hugerth · Larsen v. State

3. “It is generally recognized that a trial court in imposing sentence should take into consideration the following factors: the gravity of the offense, its relation to the victim of the crime, if any, and the defendant’s degree of culpability therein; the defendant’s background, including his past record of criminal offenses and any history of undesirable behavior pattern; the defendant's personal characteristics, such as his personality, character and social traits, his age, educational background and employment record, his remorse, repentance and cooperativeness; the defendant’s subjectivity to rehabilitation; the interest of the public in retribution and deterrence, and its right to protection against crime. There undoubtedly might be other factors germane to the task facing the sentencing court in assessing a just sentence, which at the same time should be the judgment of the judge and an adjudication tailored to the individual characteristics and deserts of the particular defendant, viewed in the light of the public interest in law and order.”

   1 later decision quote this exact passage
   e.g. State v. Farnham