Nelson v. State’s Empirical Analysis

Citation profile

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

1. “(1) The act charged was done to prevent a significant evil; (2) there was no adequate alternative; (3) the harm caused was not disproportionate to the harm avoided.”

   4 later decisions quote this exact passage
   e.g. Degler v. State · Cleveland v. Municipality of Anchorage

2. “Justification: Necessity. (a) Conduct which would otherwise be an offense is justified by reason of necessity to the extent permitted by common law when (1) neither this title nor any other statute defining the offense provides exemptions or defenses dealing with the justification of necessity in the specific situation involved; and (2) a legislative intent to exclude the justification of necessity does not otherwise plainly appear.”

   3 later decisions quote this exact passage
   e.g. Reeve v. State · Gerlach v. State

3. “W. LaFave & A. Scott, Criminal Law § 50, at 381. Generally, when the threatened harm emanates from a human source, an actor who violates the law in response to it can defend only on the grounds of duress, defense of others, or crime prevention. Id. [10] The defense of duress is clearly inappropriate here since appellants do not claim that their illegal acts were compelled by”

   1 later decision quote this exact passage
   e.g. Cleveland v. Municipality of Anchorage