Commonwealth v. Kostka’s Empirical Analysis

Citation profile

141 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 141 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) General rule. In determining the sentence to be imposed the court shall, except where a mandatory minimum sentence is otherwise provided by law, consider and select one or more of the following alternatives, and may impose them consecutively or concurrently: (1) An order of probation. (2) A determination of guilt without further penalty. (3) Partial confinement. (4) Total confinement. (5) A fine. (b) General standards. In selecting from the alternatives set forth in subsection (a) the court shall follow the general principle that the sentence imposed should call for confinement that is consistent with the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and on the community, and the rehabilitative needs of the defendant. The court shall also consider any guidelines for sentencing adopted by the Pennsylvania Commission on Sentencing and taking effect pursuant to section 1385 (relating to publication of guidelines for sentencing). In every case in which the court imposes a sentence for a felony or misdemeanor, the court shall make as a part of the record, and disclose in open court at the time of sentencing, a statement of the reason or reasons for the sentence imposed. In every case where the court imposes a sentence outside the sentencing guidelines adopted by the Pennsylvania Commission on Sentencing pursuant to section 1384 (relating to adoption of guidelines for sentencing) and made effective pursuant to section”

   6 later decisions quote this exact passage · from the majority
   e.g. Commonwealth v. Cottle · 346 Pa. Super. 263 - Commonwealth v. Stockard

2. “(1) The criminal conduct of the defendant neither caused nor threatened serious harm. (2) The defendant did not contemplate that his conduct would cause or threaten serious harm. (3) The defendant acted under a strong provocation. (4) There were substantial grounds tending to excuse or justify .the criminal conduct of the defendant, though failing to establish a defense. (5) The victim of the criminal conduct of the defendant induced or facilitated its commission. (6) The defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained. (7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime. (8) The criminal conduct of the defendant was the result of circumstances unlikely to recur. (9) The character and attitudes of the defendant indicate that he is unlikely to commit another crime. (10) The defendant is particularly likely to respond affirmatively to probationary treatment. (11) The confinement of the defendant would entail excessive hardship to him or his defendants [sic]. (12) Such other grounds as indicate the desirability of probation. Id. § 1322.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Commonwealth v. Butch · 265 Pa. Super. 305 - Commonwealth v. Wicks

3. “(1) there is undue risk that during a period of probation or partial confinement the defendant will commit another crime; (2) the defendant is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or (3) a lesser sentence will depreciate the seriousness of the crime of the defendant.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Commonwealth v. Butch · 259 Pa. Super. 527 - Commonwealth v. Wareham