Jenkins v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To indiscriminately admit proof of erimi-nal activity beyond that specifically charged may compel a defendant to meet accusations without notice and may effectively negate the due process presumption of innocence which our system of justice accords to every accused. Moreover, the admissibility of such evidence may raise collateral issues which confuse the jury or divert its attention from the actual charges before it. The admission of such evidence may also violate our evidentiary rules which forbid the State from attacking an accused's character before the accused has put his character into controversy and from proving an accused's bad character by showing particular bad acts.... ... Evidence of other eriminal activity may be admissible in certain cases to prove an accused's identity, knowledge, intent or motive, or to demonstrate the common plan or scheme of eriminal activity from which the accused originated the charged crime. To be admissible according to any one of these exceptions, however, the evidence must possess substantial probative value. The test for admission is whether or not the evidence is so specifically and significantly related to the charged crime in time, place and cireumstance as to be logically relevant to one of the particular excepted purposes.... ... There is no specific exception to the general rule prohibiting evidence of an accused's other eriminal activity which makes such evidence admissible to prove a [prosecuting witness]'s lack of consent.”

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

2. “the only issue properly before the jury was whether or not Malone forcibly induced [the victim] to engage in sexual intercourse without [the victim’s] consent. In such a case with no eyewitnesses and with each party propounding a conflicting story, the relative credibility of the prosecutrix versus the defendant is likely to be the determinative factor with the jury. This is especially probable when the circumstantial evidence can clearly support either party’s account. Under these conditions, the jury must be carefully protected from all irrelevant evidence which is offered solely to reflect unfavorably upon the defendant’s general moral character.”

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

3. “the fact that one woman was raped ha[s] no tendency to prove that another woman did not consent.”

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