42 Or. App. 215 - State v. McLaughlin’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`Criminal negligence' or `criminally negligent,' when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person fails to be aware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation."”

   2 later decisions quote this exact passage
   e.g. 66 Or. App. 695 - State v. Goff · Williams v. State

2. “[W]e do not believe that the legislature intended thereby to permit a lesser quantum of proof to go to the jury in a criminal case than would be permitted in a civil case involving gross negligence.”

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

3. “evidence was not sufficient to permit a finding that the mother failed to recognize the degree of risk that any reasonable person would have done”

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