Glascoe v. Bezy’s Empirical Analysis

Citation profile

7 federal appellate · 6 district · 1 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a)The offense, noting the nature of the violation, mitigating or aggravating circumstances and the activities and adjustment of the offender following arrest if on bond or in the community under any presentence type arrangement. (b) Prior history of criminality noting the nature and pattern of any prior offenses as they may relate to the current circumstances. (c) Personal and social history of the offender, including such factors as his family situation, educational development, socialization, marital history, employment history, use of leisure time and prior military experience, if any. (d) Physical and emotional health and/or problems which may have played a role in the individual’s socialization process, and efforts made to overcome any such problems. (e) Institutional experience, including information as to the offender’s overall general adjustment, his ability to handle interpersonal relationships, his behavior responses, his planning for himself, setting meaningful goals in areas of academic schooling, vocational education or training, involvements in self-improvement activity and therapy and his utilization of available resources to overcome recognized problems. Achievements in accomplishing goals and efforts put forth in any involvements in established programs to overcome problems are carefully evaluated. (f) Community resources available to assist the offender with regard to his needs and problems, which will supplement treatment and training programs begun in the”

   1 later decision quote this exact passage · from the majority
   e.g. 606 F. Supp. 2d 4 - Austin v. Reilly

2. “the Board had no formalized scoring system, but was required by regulation to consider factors such as the inmate’s offense, prior history of criminality, personal and social history, physical and emotional health, institutional experience, and availability of community resources, when exercising its discretion to authorize parole.... The decision to grant parole remained within the discretion of the Board, provided “there [was] a reasonable probability that a prisoner w[ould] live and remain at liberty without violating the law, [and] that his release [was] not incompatible with the welfare of society,” ... a provision that mirrored the parole statute then in effect.”

   1 later decision quote this exact passage · from the majority
   e.g. 606 F. Supp. 2d 4 - Austin v. Reilly

3. “The proper question to ask, then, is whether the new procedure creates a significant risk of increased punishment for [petitioner] Glascoe. This is not to be confused with the question of whether the new parole practice is harsher for a class of prisoners generally; we must focus on the consequence of the new practice on the sentence of the particular inmate bringing the challenge!.]”

   1 later decision quote this exact passage · from the majority
   e.g. 690 F. Supp. 2d 1105 - Gilman v. Davis