Brangan v. Commonwealth’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Any person authorized to take bail for such violation may impose conditions on a person's release in order to ensure the appearance of the person before the court and the safety of the alleged victim, any other individual or the community; provided, however, that the person authorized to take bail shall, prior to admitting the person to bail, modifying an existing order of bail or imposing such conditions, have immediate access to all pending and prior criminal offender record information, board of probation records and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable, and shall take into consideration the following: the nature and circumstances of the offense charged, the potential penalty the person faces, the person's family ties, the person's financial resources and financial ability to give bail, employment record and history of mental illness, the person's reputation, the risk that the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, the person's record of convictions, if any, any illegal drug distribution or present drug dependency, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve abuse, as defined in [G. L. c. 209A, § 1 ], a violation of a temporary or permanent order issued pursuant to [G. L. c. 208, § 18”

   1 later decision quote this exact passage · from the concurrence
   e.g. Vasquez v. Commonwealth

2. “Under the test of substantive due process, '[w]here a right deemed to be fundamental is involved, courts must examine carefully the importance of the governmental interests advanced and the extent to which they are served by the challenged [procedure], and typically will uphold only those [procedures] that are narrowly tailored to further a legitimate and compelling governmental interest'”

   1 later decision quote this exact passage · from the concurrence
   e.g. Vasquez v. Commonwealth

3. “where a judge sets bail in an amount so far beyond a defendant's ability to pay that it is likely to result in long-term pretrial detention, it is the functional equivalent of an order for pretrial detention, and the judge's decision must be evaluated in light of the same due process requirements applicable to such a deprivation of liberty.”

   1 later decision quote this exact passage · from the concurrence
   e.g. In re Humphrey