State v. Gordon’s Empirical Analysis

Citation profile

1 district · 16 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The analysis begins with the proposition that the trial justice has the power to impose a more severe punishment than the prosecution recommends. * * * It is therefore within his discretion to increase the term to suit the circumstances of the particular crime involved. Although in arriving at his decision a trial justice may use benchmarks as a guide to the propor tionality of a term, he is bound only by the statutory limits. * * * Defense counsel’s thorough examination of other * * * sentences may reveal a norm, but not a mandate. In formulating a fair sentence, the trial justice bears the affirmative duty to treat each defendant separately, focusing on the individual’s unique background and character. State v. Bertoldi, 495 A.2d 247, 253 (R.I.1985).””

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