State v. Brezinski’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Now I’ll talk to you about aiding and abetting. * * * It’s not a separate offense. * * * The guilt of the Defendant under any of the offenses you are considering, whether it’s first degree murder, second degree murder or manslaughter, may be established without proof that the Defendant personally did every act constituting the offense charged. The law provides that whoever aids, abets, assists, counsels, commands or procures another to commit a crime is nonetheless criminally liable as if he or she had personally committed the crime. “ * * * The law holds that everyone who knowingly and willfully participates in the commission of a crime is responsible for that crime just as if he had committed the crime alone. [[Image here]] “The State is required to show that the Defendant shared in the criminal intent of the principal person who committed the offense or offenses. In other words, the evidence must show that there was a community of unlawful pur pose at the time the criminal act was committed, and that the Defendant was in some fashion a knowing, willing, and active participant in it. “Thus, in order to aid and abet another to commit a crime, it is necessary that a [defendant willfully associate herself or himself in some way with the criminal venture, and willfully participate in it as he would in something he himself wishes to bring about. Of course, you cannot find the Defendant guilty under the aiding and abetting theory unless you find that the Defendant in some way pa”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Delestre