State v. Hanson’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We * * * hold that under the Double Jeopardy Clause a defendant who already has been punished in a criminal prosecution may not be subjected to an additional civil sanction to the extent that the second sanction may not fairly be characterized as remedial, but only as a deterrent or retribution.”

   2 later decisions quote this exact passage
   e.g. State v. Spilde · State v. Parker

2. “The better, and the more honest argument, is that across this entire country there are thousands of civil sanctions/punishments that are imposed in virtually every walk of life and yet do not automatically bar any later criminal prosecution, unless the Hal-per rare case test of excessive and harsh retribution is met. The countless federal and state agencies that monitor work place rules, OSHA, clean air and water standards, environmental concerns, professional conduct, etc. invariably have within their power the ability to fine, suspend, disbar and shut down people or entities that run afoul of a civil law. If all such civil punishment, and I will call them punishments, led to an absolute bar to any later criminal prosecution when the facts warranted, it would lead to wholesale confusion and likely a monstrous result. For modest infractions, the government might choose to start charging all its citizens criminally, for fear it would be barred later.... I cannot read into Halper, Kurth Ranch, and the other cases both parties cite, a broad sweeping holding so that the Halper court meant to knock out every implied consent statute, and every agency and governmental sanction around the country, in those tens of thousands of cases, including but not limited to, drunk driving. I can read into Halper a warning to state and federal agencies responsible for law enforcement that when you overreach with your civil punishment, you will be limited to that punishment, and later chance to pu”

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

3. “A 90-day implied consent driver’s license revocation for a driver who has failed the chemical test is rationally related to the remedial purpose of protecting public safety by removing intoxicated drivers from the highways and is not so “overwhelmingly disproportionate” to the threat posed to public safety that it is “punishment” for purposes of the Double Jeopardy Clause.”

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