Ex parte Friday’s Empirical Analysis

Citation profile

4 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is thought that the Supreme Court did not intend this decision to apply to a sentence under a section of the statutes making it the imperative duty of the court to impose hard labor. To hold that it does apply makes the enforcement of some of the most important sections of.the Revised Statutes simply impossible. Very many of these sections require imprisonment at hard labor, leaving the term entirely in the discretion of the court. ‘Ait hard labor for not more than three years,’ or ‘not more than five years,’ or ‘not more than ten years,’ is the language of the law. Cases constantly arise under these sections where the court is of the opinion that the ends of justice are fully met by an imprisonment at hard labor for less than a year, and often for less than six months. Other sections fix the term' absolutely at less than a year.””

   1 later decision quote this exact passage
   e.g. United States v. Thompson

2. ““An interpretation of the law should he sought which will permit the courts charged with the practical execution of the criminal law to administer it, not only with a due regard for the interests of the public, but for the benefit of the criminal as well. Every reasonable construction should bo adopted which enables the courts to send convicted criminals to the penitentiaries, where they are taught habits of industry and are surrounded by salutary influences, rather than to those hotbeds of idleness and crime, the county jails.” Ex parte Friday (D. C.) 43 Fed. 921 .”

   1 later decision quote this exact passage
   e.g. Rogers v. Desportes

3. ““Assuming, for á moment, tliat tlie doctrine of the Mills Case is applicable, it is tbouglit that the first judgment was not absolutely void. It was irregular, but it was not a nullity. A wrong place of imprisonment was designated. But this was not necessarily a part of the sentence. * * * ””

   1 later decision quote this exact passage
   e.g. Rogers v. Desportes