State v. Carr’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The historical record reflects the framers did not intend the term 'inalienable' in section 1 of the Kansas Constitution Bill of Rights to be construed as 'absolute' and 'nonforfeitable.' Instead, a careful reading of section 1, coupled with the transcripts of the convention debate, demonstrates that the term 'inalienable' refers only to one's ability to transfer his or her right or interest to another person. Though inalienable, the framers viewed the natural rights guaranteed within this section to be forfeitable in civil society. So construed, the framers did not intend for section 1 to impede or limit the State's authority to punish individuals for their criminal conduct.”

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

2. “constitutional challenge to the practice of 'death qualifying' juries in Kansas—the process of removing prospective jurors for cause . . . when their conscientious objection to capital punishment substantially impairs their ability to fulfill the oath and obligations of a juror.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Flack

3. “[T]he majority makes it explicit that a criminal defendant has no section 1 protections at all. Indeed, according to the majority, 'the state's power to punish' is limited only by 'due process' and 'cruel or unusual' provisions which 'do not arise under section 1.'”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Flack