Commonwealth v. Parker’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Recidivist statutes, which have been adopted in all fifty states, are not inherently unconstitutional. The policy behind them is to punish more severely defendants who ai*e repeat offenders. Recidivist statutes serve notice on defendants that if they continue their criminal behavior they will be dealt with more harshly by the law. By incapacitating habitual criminals, citizens are safeguarded from defendants’ repeated criminal activity. Recidivist statutes have repeatedly been upheld against contentions that they violate constitutional limitations on cruel and unusual punishment.”

   2 later decisions quote this exact passage
   e.g. 2012 Pa. Super. 157 - Commonwealth v. Barnett · 2011 Pa. Super. 131 - Commonwealth v. Baker

2. “Relying on the United States Supreme Court decision in Harmelin v. Michigan, supra, the Spells court found no disproportionality. Harmelin recognized that the criteria for examining the proportionality of a sentence were established in Solem v. Helm, 463 U.S. 277 , 103 S.Ct. 3001 , 77 L.Ed.2d 637 (1983). Solem instructed that a court must consider: (1) the gravity of the offense and the harshness of the penalty; (2) the sentences imposed on other criminals for the commission of the same crime in the same jurisdiction; and (3) the sentences imposed for commission of the same crime in other jurisdictions. In Harmelin, supra, Justice Kennedy held that the Solem criteria did not form a mandatory and rigid three-part test. Rather, in determining whether a punishment is disproportionate, the comparative test of Solem may not be necessary, and is required only after a showing that raises an inference of gross disproportionality. Following Justice Kennedy in Harmelin, Spells held that when such gross dispropor-tionality is not shown, the second and third prongs of Solem are not necessary.”

   1 later decision quote this exact passage
   e.g. 2012 Pa. Super. 157 - Commonwealth v. Barnett

3. “In light of appellant’s third conviction for a violent crime, we cannot say that his sentence was grossly disproportionate and therefore amounted to cruel and unusual punishment. Appellant’s conduct constituted robbery which we, as we must, view as a crime of violence. Appellant committed at least three crimes that are classified as violent. He does not challenge the fact that the first one occurred nearly thirty years ago and we therefore do not consider that circumstance. Appellant by definition is a habitual offender and the policy of the law is to punish severely individuals who repeat certain criminal behavior. We therefore hold that appellant’s mandatory minimum sentence of twenty-five to fifty years for his third crime of robbery is not so grossly disproportionate that it requires further inquiry or analysis.”

   1 later decision quote this exact passage
   e.g. 2012 Pa. Super. 157 - Commonwealth v. Barnett