Sherfield v. State’s Empirical Analysis

Citation profile

6 federal appellate · 19 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(b) If a child is charged with delinquency as a result of an offense which would be a felony if committed by an adult, the court shall consider the following guidelines: "1. The seriousness of the alleged offense to the community; "2. Whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner; "3. Whether the offense was against person or property, greated weight being given to offenses against persons especially if personal injury resulted; "4. Whether there is prosecutive merit to the complaint; "5. The desirability of trial and disposition of the entire offense in one court when the juvenile's associates in the alleged offense are adults; "6. The sophistication and maturity of the juvenile as determined by consideration of his home, environmental situation, emotional attitude and pattern of living; "7. The record and previous history of the juvenile, including previous contacts with community agencies, law enforcement agencies, schools, juvenile courts and other jurisdictions, prior periods of probation or prior commitments to juvenile institutions; and "8. The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the juvenile if he is found to be guilty of the alleged offense, by the use of procedures and facilities currently available to the juvenile court; and after full investigation and a preliminary hearing, may in its discretion continue the juvenile proceeding, or it may certify ”

   4 later decisions quote this exact passage
   e.g. S. H. v. State · SH v. State

2. “"An application having been made to this court requesting that the above named child be certified for proper criminal proceedings to be prosecuted as an adult and the court after a full investigation and being fully advised in the premises finds as follows: "1. That Stanley Holt is a child under the age of 18 years. "2. That on the 20th day of January, 1975, said child was charged with the delinquent act described as follows: "That the said juvenile did on the 17th day of January 1975, in LeFlore County, Oklahoma, unlawfully, wilfully and feloniously, without authority of law, and with a premeditated design to effect the death of a human being did then and there kill one, Jackie Putman, by means of a firearm, loaded with powder and shot, held in the hands of said Stanley Holt, and with which he pointed at, aimed, fired and shot the said Jackie Putman, said shot causing mortal wounds in the body of the said Jackie Putman, and of which mortal wounds the said Jackie Putman did languish and die, "3. That there is probable reason to believe that the said Stanley Holt did commit the offense set forth above. "4. That said child has sufficient mental capacity to know the difference between right and wrong and to be held accountable for his-her acts; further that said child should be certified to be prosecuted as an adult by the District Attorney of LeFlore County, State of Oklahoma. "IT IS, THEREFORE, ORDERED that the said Stanley Holt be and hereby is certified as an adult for appro”

   2 later decisions quote this exact passage
   e.g. S. H. v. State · SH v. State

3. “At the outset we note that the Juvenile Act does not specify who is "capable" of committing crimes. Who is capable of committing crimes is governed by Title 21. Under the Juvenile Act, a juvenile or child under its auspices is not declared incapable of committing a crime. The Juvenile Act establishes a necessary procedure before such a juvenile or child may be prosecuted for a crime. It is not a matter of capacity to commit a crime, rather it is a question or [sic] jurisdiction. A juvenile above the age of fourteen is presumed to have the legal capacity to commit a crime, but no court would have jurisdiction to try such a juvenile until there had been a waiver and certification by the juvenile court. Correspondingly, even after certification by a juvenile court of a juvenile under the age of fourteen, in his criminal trial it would be incumbent upon the State to overcome the presumption of the child's incapacity established by Title 21.”

   2 later decisions quote this exact passage
   e.g. TC v. State · T.C. v. State