People v. Green’s Empirical Analysis
1956
Citation profile
67 state decisions
How this case has been cited
Cited by 69 later decisions (1 by the Supreme Court) — most recently August 2021 · most notably McGautha v. California (1971), 60 Cal. 2d 631 - People v. Morse (1964)
67 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 In re Bonner · Andres v. United States · 30 Cal. 2d 676 - People v. Eggers · Winston v. United States · Ballew v. United States
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[6] It is not a function of the jury either to lighten the punishment or to increase the punishment; they have no such power. [7] The statute clearly and equally states two alternatives as punishment; it gives preference to neither. It is the function and responsibility of the jury to select, and to designate in their verdict, which of the two punishments prescribed by the statute shall be imposed in any given case. Construing section 190 this court said in People v. Bollinger (1925), 196 Cal. 191, 207 [ 237 P. 25 ],”
2 later decisions quote this exact passage“but it is obvious that such reference in its context has no bearing on the separation of the question of punishment from the properly decided issues in the case in a situation such as that now before us. [16] There arises the question of the character of the evidence to be received on the limited new trial for the determination of punishment. Where the question (together with that of the degree of the crime) is determined by the court on defendant's plea of guilty to a charge of murder, the hearing”
2 later decisions quote this exact passage“correctly states the law; the decision we make today at last requires compliance with that law. After the erroneous interpretation of section 190 of the Penal Code in the Welch case, the practice not consistent but recurrent of carrying the error into instructions to the jury began. In People v. Jones (1883), 63 Cal. 168, 169-170 , it was held, concerning an instruction the precise language of which does not appear in the opinion, that”
2 later decisions quote this exact passage
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.