Menechino v. Oswald’s Empirical Analysis
430 F.2d 403 · 1970
Citation profile
59 federal appellate · 11 district · 17 state decisions
How this case has been cited
Cited by 117 later decisions (1 by the Supreme Court) — most recently August 2010 · most notably Sostre v. McGinnis (1971), Billiteri v. United States Board of Parole (1976)
59 federal appellate · 11 district · 17 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
Relies on Gideon v. Wainwright · Goldberg v. Kelly · Gault · McMann v. Richardson · Williams v. People of State of New York
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 117 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It must make the broad determination of whether rehabilitation of the prisoner and the interests of society generally would best be served by permitting him to serve his sentence beyond the confines of prison walls rather than by being continued in physical confinement. In making that determination the Board is not restricted by rules of evidence or procedures developed for the purpose of determining legal or factual issues. It must consider many factors of a non-legal nature, such as psychiatric reports with respect to the prisoner, his mental and moral attitudes, his vocational education and training, the manner in which he has used his recreation time, his physical and emotional health, his intra-personal relations with prison staff and other inmates, his habits, and the nature and extent of community resources that will be available to him upon his release, including the environment to which he plans to return.”
2 later decisions quote this exact passage · from the majority“prison discipline, not an adjudication of rights in an adversary proceeding.”
2 later decisions quote this exact passage · from the majority“is not incompatible with the welfare of society.”
2 later decisions 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.