389 So. 2d 48 - State v. Brown’s Empirical Analysis

Citation profile

35 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “and has afforded the rational basis for a tardy and unfinished substitution of deterrence and reformation in place of retaliation and vengeance as the motivation for public prosecution. Unqualified acceptance of this doctrine by English common law in the Eighteenth Century was indicated by Blackstone's sweeping statement that to constitute any crime there must first be a”

   7 later decisions quote this exact passage
   e.g. State v. A.M. · State v. Larson

2. “As a general rule a party does not have standing to challenge the constitutionality of a statute unless the application of that statute adversely affects him.”

   2 later decisions quote this exact passage
   e.g. State v. Baxley · 633 So. 2d 142 - State v. Baxley

3. “Although strict liability offenses do exist in the criminal law and do not in all instances offend constitutional requirements, these are limited in number and of a nature different from the statute being challenged here ... [T[he statute at issue here criminalizes unknowing possession. It requires little imagination to visualize a situation in which a third party hands the controlled substance to an unknowing individual who then can be charged with and subsequently convicted for violation ... without ever being aware of the nature of the substance he was given. A situation such as the above does indeed offend the conscious [sic].”

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