People v. Traubert’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Renunciation and abandonment are not voluntary and complete so as to be a defense to prosecution under this article if they are motivated in whole or in part by: (a) A belief that a circumstance exists which increases the probability of detection or apprehension of the defendant or another or which makes more difficult the consummation of the crime; or (b) A decision to postpone the crime until another time or to substitute another victim or another but similar objective.”

   1 later decision quote this exact passage
   e.g. O'Shaughnessy v. People

2. “It is an affirmative defense to the crime of criminal attempt that the defendant abandoned his effort to commit the crime or otherwise prevent its commission, under cireumstances manifesting the complete and voluntary renunciation of his criminal intent.”

   1 later decision quote this exact passage
   e.g. O'Shaughnessy v. People

3. “Although the People's evidence may have raised the opportunity for the defendant to assert [the] affirmative defense, the People's evidence did not establish that reasonable minds could only conclude that the [affirmative defense had been established].”

   1 later decision quote this exact passage
   e.g. People v. Sexton