Bell 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A denial of [constitutional] rights would be the result only if a violation of the misdemeanor statute would invariably and necessarily constitute a violation of the felony provision. Thus, where the same act committed under the same circumstances is punishable either as a felony or as a misdemeanor, under either of two statutory provisions, and the elements of proof essential to either conviction are exactly the same, a conviction under the felony statute would constitute a violation of the defendant’s rights to due process and the equal protection of the laws. This rule recognizes the legislature’s power to define crimes and affix punishment according to the offender’s conduct and culpability. When the elements of one crime overlap with the elements of another crime, or when the elements of one offense encompass the elements of a less er included offense, some discretion inevitably accrues to the prosecutor, who may tailor the charge to fit the offense. So long as the elements necessary to prove either of two offenses are not identical, the courts have upheld the statutes and allowed the prosecutor charging flexibility-”

   1 later decision quote this exact passage
   e.g. Hemphill v. State

2. “In so finding one mitigating factor I conclude that there should be a decrement to the sen-fence. In determining the amount of the decrement to the sentence, I have to review the Chaney criteria and try to achieve the sentencing goals. I believe that a 6 year sentence would not provide any form of rehabilitation that I believe Mr. Nell needs. I do not believe Mr. Nell needs the presumptive 6 year sentence to isolate him from society to prevent further criminal conduct during his term of confinement. I believe that a lesser sentence than 6 years will serve as a deterrent to Mr. Nell after his release from confinement. I believe further that a lesser sentence, what I am about to give Mr. Nell, will deter other members of the community who might possess similar tendencies toward criminal conduct to that of the offender, Mr. Nell. I believe that — further that I can reaffirm societal’s norms, put the values society expects to be placed in a sentence of this nature into the sentence by a lesser sentence. I’m going to sentence Mr. Nell to 6 years, I’m going to suspend one year.”

   1 later decision quote this exact passage
   e.g. Nell v. State

3. “Shooting, stabbing or cutting with intent to kill, wound or maim. A person who maliciously shoots, stabs, cuts, or shoots at another person with intent to kill, wound, or maim him is punishable by imprisonment in the penitentiary for not more than 20 years nor less than one year.”

   1 later decision quote this exact passage
   e.g. Kagak v. State