Commonwealth v. DeJesus’s Empirical Analysis
2004
Citation profile
89 state decisions
How this case has been cited
Cited by 89 later decisions — most recently June 2019 · most notably Commonwealth v. Rios (2007), Commonwealth v. Sherwood (2009)
89 state decisions
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
Relies on Illinois v. Gates · Berger v. United States · Florida v. Bostick · Local 408, International Brotherhood of Teamsters v. National Labor Relations Board · Commonwealth v. Zettlemoyer
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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Comments by a prosecutor constitute reversible error only where their unavoidable effect is to prejudice the jury, forming in their minds a fixed bias and hostility toward the defendant such that they could not weigh the evidence objectively and render a fair verdict.”
3 later decisions quote this exact passage“In reviewing the propriety of identification evidence, the central inquiry is whether, under the totality of the circumstances, the identification was reliable. The purpose of a “one on one” identification is to enhance reliability by reducing the time elapsed after the commission of the crime. Suggestiveness in the identification process is but one factor to be considered in determining the admissibility of such evidence and will not warrant exclusion absent other factors. As this Court has explained, the following factors are to be considered in determining the propriety of admitting identification evidence: the opportunity of the witness to view the perpetrator at the time of the crime, the witness’ degree of attention, the accuracy of his prior description of the perpetrator, the level of certainty demonstrated at the confrontation, and the time between the crime and confrontation. The corrupting effect of the suggestive identification, if any, must be weighed against these factors. Absent some special element of unfairness, a prompt “one on one” identification is not so suggestive as to give rise to an irreparable likelihood of misidentification.”
2 later decisions quote this exact passage“When you think of the death penalty, there are messages to be sent. There’s a message on the street saying, look at that, he got death, you see that, honey, that’s why you live by the rules, so you don’t end up like that. Because they’re in these bad neighborhoods.... You also send a message in prisons. When you peep in that bus and talk and whisper, you can say, death penalty. Maybe you’ve got just one inmate sitting there going, well, he got death, this is serious, I don’t want to end up like that. Maybe your penalty you’ll save one guy, to scare him straight.”
1 later decision quote this exact passage
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.