Jackson v. State’s Empirical Analysis

Citation profile

1 federal appellate · 16 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Every person who shall be convicted of rape, either by carnally and unlawfully knowing a female child under the age of twelve years or by forcibly ravishing any female of the age of twelve years and upward, or who shall have been convicted of having carnal knowledge of any female above the age of twelve years without her consent, by administering to her any substance or liquid which shall produce such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, shall suffer death, unless the jury shall fix the imprisonment in the penitentiary for life, as it may do in case of murder. In all cases where the female is under the age of twelve years it shall not be necessary to prove penetration of the female's private parts where it is shown that the private parts of the female have been lacerated or torn in the attempt to have carnal knowledge of her.”

   2 later decisions quote this exact passage
   e.g. 606 So. 2d 598 - Wilson v. State · 519 So. 2d 1226 - Dixon v. State

2. “Jackson's second argument is that the statute unconstitutionally discriminates against males. His principal authority is Tatro v. State, 372 So.2d 283 (Miss. 1979). In Tatro , we examined this state's "fondling" statute, Miss. Code Ann. § 97-5-23 , since amended. See Chapter 387, Mississippi Law 1980, Miss. Code Ann. § 97-5-23 (1980 Supplement). Tatro, a male, appealed from his conviction under the statute which then provided that any male person above the age of 18 years, who for the purpose of gratifying sexual lust, handled, touched or rubbed with his hands a child under the age of 14, would be guilty under the statute. In that case we found women as capable of "fondling" under the terms of the statute as easily as men, and that there was no rational basis to exclude women from its proscription. Citing United States Supreme Court decisions which had struck laws discriminating against men: Orr v. Orr, 440 U.S. 268 , 99 S.Ct. 1102 , 59 L.Ed.2d 306 (1979); and Craig v. Broen, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976), we held that Miss. Code Ann. § 97-5-23 (1972), then in effect, was unconstitutional. We held the statute denied equal protection of the laws to males. Tatro has no application to this case. It is the victim, not the accused, who must be a female under the wording of the present statute under consideration. Furthermore, by the very nature of the crime, it is the male who must make the criminal assault in order to sustain a conviction. In this case, by f”

   1 later decision quote this exact passage
   e.g. 519 So. 2d 1226 - Dixon v. State

3. “'considerable injury to the vulva and outer portion of the vagina,'”

   1 later decision quote this exact passage
   e.g. Rowan v. Owens