United States v. Brown’s Empirical Analysis
411 F.2d 930 · 1969
Citation profile
85 federal appellate · 1 district · 35 state decisions
How this case has been cited
Cited by 129 later decisions — most recently March 2011 · most notably 53 Ill. 2d 62 - People v. Prim (1972), United States v. Dellinger (1972)
85 federal appellate · 1 district · 35 state decisions — followed in 24 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 Allen v. United States · Sheppard v. Maxwell · Turner v. Louisiana · Simpson v. United States · United States v. Kahaner
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 129 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"(a) Before the jury retires for deliberation, the court may give an instruction which informs the jury: "(i) that in order to return a verdict, each juror must agree thereto; "(ii) that jurors have a duty to consult with one another and to deliberate with a view to reaching an agreement, if it can be done without violence to individual judgment; "(iii) that each juror must decide the case for himself, but only after an impartial consideration of the evidence with his fellow jurors; "(iv) that in the course of deliberations, a juror should not hesitate to reexamine his *Page 1112 own views and change his opinion if convinced it is erroneous; and "(v) that no juror should surrender his honest conviction as to the weight or effect of the evidence solely because of the opinion of his fellow jurors, or for the mere purpose of returning a verdict. "(b) If it appears to the court that the jury has been unable to agree, the court may require the jury to continue their deliberations and may give or repeat an instruction as provided in subsection (a). The court shall not require or threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals. "(c) The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement."”
14 later decisions quote this exact passage · from the majority““The Court wishes to suggest a few thoughts which you may desire to consider in your deliberations, along with the evidence in the case, and all the instructions previously given. This is an important case. The trial has been expensive in time, and effort, and money, to both the defense and the prosecution. If you should fail to agree on a verdict, the case is left open and undecided. Like all cases it must be disposed of sometime. There appears no reason to believe that another trial would not be costly to both sides. Nor does there appear any reason to believe that the case can be tried again, by either side, better or more exhaustively than it has been tried before you. Any future jurors must be selected in the same manner and from the same source from which you have been chosen. So there appears no reason to believe that the case would ever be submitted to twelve men and women more conscientious, more impartial, or more competent to decide it, or that more or clearer evidence could be produced on behalf of either side. Of course, these things suggest themselves, upon brief reflection, to all of us who sat through this trial. The only reason they are mentioned now is because some of them may have escaped your attention, which must have been fully occupied up to this time in reviewing the evidence in the case. They are matters which, along with other and perhaps more obvious ones, remind us how desirable it is that you unanimously agree upon a verdict. As stated in the inst”
3 later decisions quote this exact passage · from the majority“if the majority are for acquittal, the minority ought to ask themselves seriously whether they might not reasonably doubt the correctness of a judgment which is not concurred in by most of those with whom they're associated.”
2 later decisions 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.