State v. Kocher’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We therefore hold that under the Double Jeopardy Clause a defendant who has already 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. Vogel · State v. Hill

2. “Simply put, a civil as well as a criminal sanction constitutes punishment when the sanction as applied in the individual ease serves the goals of punishment. These goals are familiar. We have recognized in other contexts that punishment serves the twin aims of retribution and deterrence. Furthermore, “[r]etribution and deterrence are not legitimate nonpuni-tive governmental objectives.” From these premises, it follows that a civil sanction that cannot fairly be said solely to serve a remedial purpose, but rather can only be explained as also serving either retributive or deterrent purposes, is punishment, as we have come to understand the term. We therefore 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.”

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

3. “The determination [of whether the revocation is punitive] turns, not on the nature of the underlying proceeding^ i.e., civil or criminal], but on the purpose actually served by the sanction. When a civil sanction as applied in an individual case can only be said to serve the twin goals of punishment — deterrence and retribution— then it must fairly be regarded as triggering the protection of the Double Jeopardy Clause. Conversely, a civil sanction that serves principally a remedial purpose does not subject a defendant to the hazards otherwise safeguarded by the Fifth Amendment’s protection against multiple punishment.”

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