Doe v. Bredesen’s Empirical Analysis

Citation profile

11 federal appellate · 2 district · 14 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Registration and Monitoring Acts do not increase the length of incarceration for covered sex offenders, nor do they prevent them from changing jobs or residences or traveling to the extent otherwise permitted by their conditions of parole or probation.”

   4 later decisions quote this exact passage · from the majority
   e.g. In the Interest of Justin B. · 423 N.J. Super. 224 - Riley v. NEW JERSEY STATE PAROLE

2. “I fail to see how putting all persons in public places on alert as to the presence of offenders, like Doe, helps law enforcement officers geographically link offenders to new crimes or release them from ongoing investigations. It equally eludes me as to how the satellite-based monitoring program prevents offenders, like Doe, from committing a new crime. Although the device is obvious, it cannot physically prevent an offender from re-offending. Granted, it may help law enforcement officers track the offender (after the crime has already been committed), but it does not serve the intended purpose of public safety because neither the device, nor the monitoring, serve as actual preventative measures. Likewise, it is puzzling how the regulatory means of requiring the wearing of this plainly visible device fosters rehabilitation. To the contrary, and as the reflection above denotes, a public sighting of the modem day “scarlet letter” — the relatively large G.P.S. device — will undoubtedly cause panic, assaults, harassment, and humiliation. Of course, a state may improve the methods it uses to promote public safety and prevent sexual offenses, but requiring Doe to wear a visible device for the purpose of the satellite-based monitoring program is not a regulatory means that is reasonable with respect to its non-punitive purpose. Sexual offenses unquestionably rank amongst the most despicable crimes, and the government should take measures to protect the public and stop sexual offende”

   3 later decisions quote this exact passage · from the concurrence
   e.g. 199 N.C. App. 321 - State v. Wagoner · 200 N.C. App. 664 - State v. Vogt

3. “belie[f] that the dimensions of the system, while not presently conspicuous, will only become smaller and less cumbersome as technology progresses.”

   3 later decisions quote this exact passage · from the majority
   e.g. 200 N.C. App. 664 - State v. Vogt · 443 N.J. Super. 515 - State of New Jersey v. Ernest Jones