Commonwealth v. Wilson’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Court's traditional test requires a court to first "inquire whether the legislature's intent was to impose punishment, and, if not, whether the statutory scheme is nonetheless so punitive either in purpose or effect as to negate the legislature's non-punitive intent." Williams II, 574 Pa. at 503 , 832 A.2d at 971 [.] To analyze the latter factor, the Supreme Court employs a balancing test of several factors first announced in Kennedy v. Mendoza-Martinez, 372 U.S. 144 , 83 S.Ct. 554 , 9 L.Ed.2d 644 (1963). The Mendoza-Martinez factors include: (1) whether the sanction involves an affirmative disability or restraint; (2) whether it has historically been regarded as punishment; (3) whether it comes into play only on a finding of scienter; (4) whether its operation will promote the traditional aims of punishment — retribution and deterrence; (5) whether the behavior to which it applies is already a crime; (6) whether an alternative purpose to which it may rationally be connected is assignable for it; and (7) whether it appears excessive in relation to the alternative purpose assigned.”

   2 later decisions quote this exact passage
   e.g. 2007 Pa. Super. 22 - In the Interest of K.A.P. · In Re KAP

2. “(a) Ten-year registration. — The following individuals shall be required to register with the Pennsylvania State Police for a period of ten years: (1)Individuals convicted of any of the following offenses: 18 Pa.C.S. § 2901 (relating to kidnapping) where the victim is a minor. 18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle). 18 Pa.C.S. § 3124.2 (relating to institutional sexual assault). 18 Pa.C.S. § 8126 (relating to indecent assault) where the offense is graded as a misdemeanor of the first degree or higher. 18 Pa.C.S. § 4302 (relating to incest) where the victim is 12 years of age or older but under 18 years of age. 18 Pa.C.S. § 5902(b) (relating to prostitution and related offenses) where the actor promotes the prostitution of a minor. 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to obscene and other sexual materials and performances) where the victim is a minor. 18 Pa.C.S. § 6312 (relating to sexual abuse of children). 18 Pa.C.S. § 6318 (relating to unlawful contact with minor). 18 Pa.C.S. § 6320 (relating to sexual exploitation of children). (2)Individuals convicted of an attempt, conspiracy or solicitation to commit any of the offenses under paragraph (1) or subsection (b)(2). (b) Lifetime registration. — The following individuals shall be subject to lifetime registration: (1) An individual with two or more convictions of any of the offenses set forth in subsection (a). (2) Individuals convicted of any of the following offenses: 18 Pa.C.S. § 3”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Gehris

3. “(a) Offénse defined: — An individual who is subject to registration under 42 Pa.C.S. § 9795(a) (relating to' registration) or an individual who is subject to registration under' 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) commits an offense if he knowingly fails to: (1) register with the Pennsylvania State Police as required under 42 Pa.C.S. § 9795.2 (relating to registration procedures and applicability); [[Image here]] (c) Grading for sexually violent predators and others with lifetime registration,— (1) Except as provided in paragraph (2), .an individual subject to registra- '' tion under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) who violates subsection (a)(1) or.(2) commits a misdemeanor of the second degree. (2) An individual subject to registration under ,42 Pa.C.S. § 9795.1(b)(1), (2) or (3) who violates subsection (a)(1) or (2) and who has previously been convicted of an offense under subsection (a)(1) or (2) or a similar offense commits a misdemeanor of the first degree. (3) An individual subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) who commits a violation of subsection (a)(1) or (2) and who has previously been convicted of two or more offenses under subsection (a)(1) or (2) or a similar offense commits a felony of the third degree.”

   1 later decision quote this exact passage
   e.g. 2016 Pa. Super. 34 - Commonwealth v. Derhammer