Nell v. State’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the seriousness of the defendant's present offense in relation to other offenses; (2) the prior criminal history of the defendant and the likelihood of rehabilitation; (3) the need to confine the defendant to prevent further harm to the public; (4) the circumstances of the offense and the extent to which the offense harmed the victim or endangered the public safety or order; (5) the effect of the sentence to be imposed in deterring the defendant or other members of society from future criminal conduct; (6) the effect of the sentence to be imposed as a community condemnation of the criminal act and as a reaffirmation of societal norms; and (7) the restoration of the victim and the community.”

   2 later decisions quote this exact passage
   e.g. State v. Korkow · Smith v. State

2. “it is clear that the legislature, in passing [the second-degree] robbery statute, intended to emphasize the fact that robbery is a crime against the person and deemphasize the theft aspects of the offense”

   2 later decisions quote this exact passage
   e.g. Smith v. State · Hugo v. City of Fairbanks

3. “Penal administration shall be based on the principle of reformation and upon the need for protecting the public.”

   2 later decisions quote this exact passage
   e.g. Dancer v. State · Wright v. State