State v. Moss’s Empirical Analysis

Citation profile

76 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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] case-by-case approach to sentencing underlies this Act as a fundamental policy. An individual criminal is sentenced based on the nature of the offense and the totality of the circumstances in which it was committed, including the defendant’s background. Any case-by-case approach will embody discretion, since all of the appropriate factors and circumstances must be weighed and considered as a whole for the disposition of each case. But, ‘[inequalities in sentences that are unrelated to a purpose of this chapter should be avoided.’ The implication is that, while more uniformity of sentences is one goal of the Act ... some justified disparity or inequality in sentences necessarily results from a case-by-case method by which an offender receives the ‘sentence he deserves’ but not a sentence ‘greater than that ... for the offense committed.'”

   3 later decisions quote this exact passage
   e.g. State v. Fletcher · State v. Francisco

2. “(1) Sentences involving confinement should be based on the following considerations; (A) Confinement is necessary to protect society by restraining a defendant who has a long history of criminal conduct; (B) Confinement is necessary to avoid deprecating the seriousness of the offense or confinement is particularly suited to provide an effective deterrence to others likely to commit similar offenses; or (C) Measures less restrictive than confinement have frequently or recently been applied unsuccessfully to the defendant. (2) The sentence imposed should be no greater than that deserved for the offense committed. (3) Inequalities in sentences that are unrelated to a purpose of this chapter should be avoided. (4) The sentence imposed should be the least severe measure necessary to achieve the purposes for which the sentence is imposed. (5) The potential or lack of potential for the rehabilitation or treatment of the defendant should be considered in determining the sentence alternative or length of term to be imposed. The length of a term of probation may reflect the length of a treatment or rehabilitation program in which participation is a condition of the sentence.”

   1 later decision quote this exact passage
   e.g. State of Tennessee v. Susan Renee Bise

3. “[T]he Legislature has provided only for ranges within which a determinate sentence will be imposed and has not chosen to assign any controlling value to these mitigating and enhancement factors in how they are weighed in determining where within the appropriate range a particular defendant’s sentence should fall. Such a statutory scheme grants the exercise of discretion to the sentencing court.... A systematic application of these provisions of the Act cannot be reduced to a mechanical process or a formula; rather, these statutes entrust sentencing decisions to trial courts in the first instance. These courts, familiar with their locale and having seen the evidence and the defendant, as well as possessing the benefit of experience in sentencing matters, should retain that discretion necessary to achieve all of the purposes of the Act.”

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