State v. Sanders’s Empirical Analysis

Citation profile

2 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Basic principles of jury trials require jurors to perform their role free from extraneous factors. In the eyes of many jurors the trial judge can do no wrong; his word is law and jurors are sensitive to what he says and does .... Given to deliberating jurors who have not indicated which party they favor, the instruction is persuasive but not necessarily coercive. But here [one juror] was for acquittal and .. . knew the judge was aware of [her] minority position. To [her] the judge’s expressed desire for a unanimous verdict could mean but one thing—that he felt [the juror] should reconsider [her vote]. We hold that under this particular circumstance the hammer instruction deprived [this juror] of the independence of thought to which all jurors—and the litigants—were entitled.”

   2 later decisions quote this exact passage
   e.g. State v. Cummings · State v. Beedle

2. ““INSTRUCTION NO. 10 It is desirable that there be a verdict in every case. The trial of a lawsuit involves considerable time and effort, and the parties are entitled to have their rights determined once and for all in every case. The twelve jurors chosen to try this case should be as well qualified to do so as any other twelve that might hereafter be chosen. Open and frank discussion by you in your jury room of the evidence in this case may aid you in agreeing upon the facts, however, no juror should ever agree to a verdict that violates the instructions of the Court, nor find as a fact that which under the evidence and his conscience he believes to be untrue. Yet each of you should respect the opinions of your fellow jurors as you would have them respect yours, and in a spirit of tolerance and understanding endeavor to bring the deliberations of the whole jury to an agreement upon a verdict.””

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Johnson