White v. Burke’s Empirical Analysis
43 F.2d 329 · 1930
Citation profile
4 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 9 later decisions — most recently June 1978
4 federal appellate · 2 district · 2 state decisions
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 18 U.S.C. § 714
Relies on Ex parte United States · United States v. Murray · White v. Steigleder · Archer v. Snook
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Upon entering a judgment of conviction of any offense not punishable by death or life imprisonment, if the maximum punishment provided for such offense is more than six months, any court having jurisdiction to try offenses against the United States, when satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may impose a sentence in excess of six months and provide that the defendant be confined in a jail-type institution or a treatment institution for a period not exceeding six months and that the execution of the remainder of the sentence be suspended and the defendant placed on probation for such period and upon such terms and conditions as the court deems best.”
1 later decision quote this exact passage · from the majority““It is altogether unlikely that Congress would expressly give the power to require the payment of a fine and to place the defendant on probation, and leave to implication the power to require a serving of a portion of a term of imprisonment. . . . The grant of express power to impose the lesser punishment. . . excludes the power to impose the greater punishment ... as a condition of probation.””
1 later decision quote this exact passage · from the majoritye.g. Creps v. State““If an overlapping of the Parole Act * * * by the Probation Act * * * and clashes between the orders of district courts and of Parole Boards are to be avoided, the Parole Act [sic] must not be construed to give authority to district courts to require the serving of some portion of a sentence of imprisonment, as a condition of parole.” White v. Burke, 10 Cir., 1930, 43 F.2d 329, 331 .”
1 later decision 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.