Shepard v. Taylor’s Empirical Analysis
556 F.2d 648 · 1977
Citation profile
57 federal appellate · 14 district · 11 state decisions
How this case has been cited
Cited by 113 later decisions — most recently December 2018 · most notably United States v. Demaree (2006), Geraghty v. United States Parole Commission (1978)
57 federal appellate · 14 district · 11 state decisions — followed in 10 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 2312 · 18 U.S.C. § 5010
Relies on Morrissey v. Brewer · Marks v. United States · Calder et Wife, v. Bull et Wife. · Moody v. Daggett · Dorszynski v. United States
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 113 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[s]ince parole eligibility is considered an integral part of any sentence ... official [postsentence] action that delays eligibility for supervised release runs afoul of the ex post facto proscription”
6 later decisions quote this exact passage · from the majority“(1) that release would not depreciate the seriousness of his offense or promote disrespect for the law; and (2) that release would not jeopardize the public welfare;”
4 later decisions quote this exact passage · from the majority“Determinations of just punishment are part of the parole process and these determinations cannot be easily made because they require an even-handed sense of justice. There is no body of competent empirical knowledge upon which parole decision-makers can rely, yet it is important for the parole process to achieve an aura of fairness by basing determinations of just punishment on comparable periods of incarceration for similar offenses committed under similar circumstances. The parole decision-makers must weigh the concepts of general and special deterrence, retribution and punishment, all of which are matters of judgment....”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.