Commonwealth v. Durand’s Empirical Analysis

Citation profile

2 district · 39 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'in light of the totality of the circumstances surrounding the making of the statement, the will of the defendant was [not] overborne,' but rather that the statement was 'the result of a free and voluntary act.'”

   2 later decisions quote this exact passage
   e.g. 92 Mass. App. Ct. 617 - Commonwealth v. Knowles · Commonwealth v. Amaral

2. “[T]he Commonwealth ... bears the burden of proving beyond a reasonable doubt that the [defendant's] statement was made voluntarily.”

   2 later decisions quote this exact passage
   e.g. 92 Mass. App. Ct. 617 - Commonwealth v. Knowles · 93 Mass. App. Ct. 120 - Commonwealth v. Rivers

3. “The test for voluntariness of a defendant's statement is 'whether, in light of the totality of the circumstances surrounding the making of the statement, the will of the defendant was overborne to the extent that the statement was not the result of a free and voluntary act.' " Commonwealth v. McCowen , 458 Mass. 461 , 471, 939 N.E.2d 735 (2010), quoting from Commonwealth v. Selby , 420 Mass. 656 , 663, 651 N.E.2d 843 (1995). "Factors relevant to the totality of the circumstances include whether promises or other inducements were made to the defendant by the police, as well as the defendant's age, education, and intelligence; experience with the criminal justice system; and his physical and mental condition, including whether the defendant was under the influence of drugs or alcohol.”

   1 later decision quote this exact passage
   e.g. 93 Mass. App. Ct. 120 - Commonwealth v. Rivers