Commonwealth v. Garcia’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(b) Whoever commits an assault and battery upon a child and by such assault and battery causes bodily injury shall be punished by imprisonment in the state prison for not more than five years .... Whoever commits an assault and battery upon a child and by such assault and battery causes substantial bodily injury shall be punished by imprisonment in the state prison for not more than fifteen years .... Whoever, having care and custody of a child, wantonly or recklessly permits bodily injury to such child or wantonly or recklessly permits another to commit assault and battery upon such child, which assault and battery causes bodily injury, shall be punished by imprisonment for not more than two and one-half years .... Whoever, having care and custody of a child, wantonly or recklessly permits substantial bodily injury to such child or wantonly or recklessly permits another to commit an assault and battery upon such child, which assault and battery causes substantial bodily injury, shall be punished by imprisonment in the state prison for not more than five years . . . .””

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Roderiques · 61 Mass. App. Ct. 385 - Commonwealth v. Tavares

2. ““Commonwealth v. Raposo, 413 Mass. 182 (1992), held that a parent who failed to take reasonable steps to prevent sexual attacks on her minor daughter by a third person could not be found guilty of being an accessory before the fact. More than an omission to act was required. In a concurrence, Justice Abrams, noting that ‘a majority of State Legislatures have enacted criminal child abuse statutes which proscribe acts of omission as well as the affirmative infliction of harm,’ id. at 189-190 , and noting also that ‘compelling arguments can be made for and against criminalizing’ acts of omission, stated: ‘It is for the Legislature to determine whether expanding that duty by criminalizing acts of omission would better protect the Commonwealth’s children.’ Id. at 191-192 . In response, the Legislature enacted G. L. c. 265, § 13J . . . .””

   1 later decision quote this exact passage
   e.g. 86 Mass. App. Ct. 84 - Commonwealth v. Traylor

3. ““Whoever, having care and custody of a child, wantonly or recklessly permits bodily injury to such child or wantonly or recklessly permits another to commit an assault and battery upon such child, which assault and battery causes bodily injury, shall be punished by imprisonment for not more than two and one-half years in the house of correction.””

   1 later decision quote this exact passage
   e.g. 86 Mass. App. Ct. 84 - Commonwealth v. Traylor