Commonwealth v. Barnes’s Empirical Analysis

Citation profile

2 federal appellate · 48 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(I) the juvenile must be given the opportunity to consult with an adult; (2) the adult must be one who is genuinely interested in the welfare of the accused juvenile; (3) the interested adult must be informed and aware of those Fifth and Sixth Amendment rights guaranteed to the juvenile.”

   3 later decisions quote this exact passage
   e.g. 294 Pa. Super. 322 - In Re Miller · Commonwealth v. Hackett

2. ““Shortly after appellant’s arrival at the PAB, the police knew where appellant resided, and that he lived with his father. In spite of this knowledge, the record shows no effort by police to contact appellant’s father before interrogating appellant about the homicide. In fact the only evidence leads to the conclusion that appellant’s father was only notified of his son’s status shortly before the arraignment, some five or six hours after appellant made his inculpatory statement. The only adults ‘consulted’ by appellant prior to arraignment were police officers. The Commonwealth argues that appellant voluntarily waived his right to consult with an interested and informed adult. To accept this argument would render meaningless the protection afforded to juveniles by McCutchen. The essence of our doctrine relating to juvenile waiver is that the benefit of consultation with counsel or an interested, concerned and knowledgeable adult prior to a decision to waive Fifth and Sixth Amendment rights counterbalances the immaturity of the youthful accused. Commonwealth v. Smith, supra. It is only after a meaningful consultation has taken place that it can be found that the disadvantage occasioned by the juvenile’s immaturity has been offset to some degree. Since the ultimate decision, even after the consultation, must be made by the juvenile, his immaturity can not be completely removed from the equation. At best we can hope by this process to impress upon him the seriousness of the deci”

   1 later decision quote this exact passage
   e.g. 305 Pa. Super. 364 - Commonwealth v. Rochester