446 So. 2d 417 - State v. Brown’s Empirical Analysis

Citation profile

3 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. “A. When a defendant has been convicted of a felony or misdemeanor, the court should impose a sentence of imprisonment if: (1) There is an undue risk that during the period of a suspended sentence or probation the defendant will commit another crime; (2) The defendant is in need of correctional treatment or a custodial environment that can be provided most effectively by his committment to an institution; or (3) A lesser sentence will depreciate the seriousness of the defendant’s crime. B. The following grounds, while not controlling the discretion of the court, shall be accorded weight in its determination of suspension of sentence or probation: (1) The defendant's criminal conduct neither caused or threatened serious harm; (2) The defendant did not contemplate that his criminal conduct would cause or threaten serious harm; (3) The defendant acted under strong provocation; (4) There was substantial grounds tending to excuse or justify the defendant’s criminal conduct, though failing to establish a defense; (5) The victim of the defendant’s criminal conduct induced or facilitated its commission; (6) The defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained; (7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the instant crime; (8) The defendant’s criminal conduct was the result of circumstance unlike”

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

2. “"... The court feels that if this defendant is released at this time or any time soon that he would commit another crime. The defendant—The court feels that the defendant needs a correctional treatment in the custodial institution and this can be mostly and effectively be provided by putting him in the penitentiary. A lesser sentence imposed would be serious. I don't know why people keep committing crimes and keep coming back. They probably think they are going to get away with it every time but you never get away with it. It is the sentence of this court that you shall serve 15 years at hard labor in the custody of the Department of Corrections in the State of Louisiana. You will be given credit for time served commencing on the day you were incarcerated."”

   1 later decision quote this exact passage
   e.g. 482 So. 2d 154 - State v. Francis