Brown v. Cox’s Empirical Analysis

Citation profile

11 federal appellate · 7 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Fundamental fairness, though, demands that the public’s right to retry the petitioner as an adult for a crime committed while he was a juvenile and subject to the processes of the juvenile court’s system, be conditioned upon a judicial determination of some kind that the petitioner has not been improperly prejudiced by the loss of the opportunity, in a properly conducted hearing, to have opposed a transfer from the juvenile court in 1963. Beyond question the petitioner would have been so prejudiced if at such hearing it would have been likely transfer would have been refused. Such a refusal would have meant that in no event could the petitioner have been subjected to any form of restraint beyond his 21st year. Only if it could be fairly said that such a transfer would have been made, had a hearing carried out with constitutional safeguards been had, would it be proper to try the petitioner as an adult.””

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Rivera · Garner v. State of Okl.

2. ““. . . [I]n the event the juvenile court does not so certify [for proper criminal proceedings] a child fourteen years of age or over, charged with an offense which, if committed by an adult, would be punishable by death or confinement in the penitentiary for life or a period of twenty years or more, the Commonwealth’s attorney of the city or county, if he deems it to the public interest, may present the case to the grand jury of the proper court of record .... It shall be the duty of the Commonwealth’s attorney to notify the juvenile and domestic relations court within three days after final adjudication if he deems action by the court of record necessary .... If the grand jury returns a true bill upon such indictment the jurisdiction of the juvenile court as to such case shall terminate.””

   1 later decision quote this exact passage · from the majority
   e.g. Lewis v. Commonwealth

3. “It should be emphasized that in the case under appeal there was no adjudication in the Juvenile Court imposing confinement or restraint on the petitioner. Of course, had that court taken jurisdiction of the petitioner’s offense for final disposition and made an adjudication of commitment or confinement, it might be said that, under the test established in Mc-Keiver, jeopardy would attach and a later prosecution of the juvenile as an adult in criminal court would violate “fundamental fairness”. A number of cases have so held. But that was not the course of proceedings in the Juvenile Court in this case. The petitioner, after a hearing, was transferred to the Corporation Court and it was that latter Court which alone made an adjudication of petitioner’s guilt and imposed punishment on him.”

   1 later decision quote this exact passage · from the majority
   e.g. 374 F. Supp. 446 - Lewis v. Howard