Scott v. United States’s Empirical Analysis
419 F.2d 264 · 1969
Citation profile
137 federal appellate · 3 district · 62 state decisions
How this case has been cited
Cited by 224 later decisions (8 by the Supreme Court) — most recently May 2012 · most notably McGautha v. California (1971), Parker v. North Carolina (1970)
137 federal appellate · 3 district · 62 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
Applies 28 U.S.C. § 2106
Relies on Blockburger v. United States · Simmons v. United States · Williams v. People of State of New York · Yick Wo v. Hopkins · Sherbert v. Verner
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 224 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Repentance has a role in penology. But the premise of our criminal jurisprudence has always been that the time for repentance comes after trial. The adversary process is a fact-finding engine, not a drama of contrition in which a pre-judged defendant is expected to knit up his lacerated bonds to society. * * * * * * Moreover, the refusal of a defendant to plead guilty is not necessarily indicative of a lack of repentance. A man may regret his crime but wish desperately to avoid the stigma of a criminal conviction."”
7 later decisions quote this exact passage“[T]he peculiar pressures placed upon a defendant threatened with jail and the stigma of conviction make his willingness to deny the crime an unpromising test of his prospects for rehabilitation if guilty. It is indeed unlikely that many men who commit serious offenses would balk on principle from lying in their own defense. The guilty man may quite sincerely repent his crime but yet, driven by the urge to remain free, may protest his innocence in a court of law. This realization, indeed, unquestionably accounts for the extreme infrequency with which convicted criminals are in fact prosecuted for perjury committed at their trials.”
3 later decisions quote this exact passage“[i]f you had pleaded guilty to this offense I might have been more lenient with you”
3 later decisions 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.