Commonwealth v. Caracciola’s Empirical Analysis
1991
Citation profile
2 federal appellate · 2 district · 41 state decisions
How this case has been cited
Cited by 49 later decisions — most recently January 2023 · most notably Commonwealth v. Kirkpatrick (1996), Commonwealth v. Lopez (2001)
2 federal appellate · 2 district · 41 state decisions
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 McBoyle v. United States · Commonwealth v. McCarthy · Commonwealth v. O'DELL · Commonwealth v. Sherry · Commonwealth v. Richards
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Although it is ‘the well established principle that the adequacy of the evidence presented to the grand jury cannot be tested by a motion to dismiss,’ Commonwealth v. Robinson, 373 Mass. 591, 592 (1977), in the McCarthy case we carved out a very limited departure from this principle where no evidence of criminality was presented to the grand jury. McCarthy, supra at 163 . We ruled that the prosecutor must present sufficient evidence to establish the identity of the accused, and probable cause to arrest him or her. See id. However, the ‘requirement of sufficient evidence to establish [these two facts] is considerably less exacting than a requirement of sufficient evidence to warrant a guilty finding.’ Commonwealth v. O’Dell, 392 Mass. 445, 451 (1984).””
1 later decision quote this exact passage“We previously have recognized that a defendant can be guilty of rape without having used or threatened physical force if the consent of the complainant was obtained from the victim’s fear arising from threats or conduct of a third party____These cases are cited to illustrate the point that an examination of the circumstances or fear in which the victim is placed, the impact of those circumstances or fear on the victim’s power to resist and the defendant’s conduct all are relevant to the determination of whether conduct complained of by the victim was accomplished by force and against the victim's will.”
1 later decision quote this exact passagee.g. Economou v. Pepe“We think the defendant’s lie about being a police officer is irrelevant. The complainant was entitled to take the defen-threatening words and his conduct at face value. Those threats and the circumstances created by his conduct and his words are sufficient to constitute the force contemplated by the statute.”
1 later decision quote this exact passage
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.