State v. Payton’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. “Flight is the voluntary withdrawal of oneself for the purpose of evading arrest or prosecution for the crime charged. The flight of a person accused of crime is a circumstance which, when considered together with all the facts in the case, may justify an inference of guilt. It is a circumstance which may tend in some degree to prove a consciousness of guilt, and is entitled to more or less weight according to the circumstances of the particular ease. The law makes no nice or refined distinction as to the manner or method of a flight. It may be open or it may be a hurried or concealed departure, or it may be a concealment within the jurisdiction. However, it takes both a leaving of the scene of the difficulty and a subsequent hiding out, evasion, or concealment in the community, or a leaving of the community for parts unknown, to constitute flight. If flight is proved, it is not sufficient in itself to establish the guilt of the defendant. However, since flight by a defendant may be caused by a consciousness of guilt, you may consider the fact of flight, if so proven, together with all of the other evidence when you decide the guilt or innocence of the defendant. On the other hand, an entirely innocent person may take flight and such flight may be explained by proof offered, or by the facts and circumstances of the ease. Whether the evidence presented proves beyond a reasonable doubt that the defen dant fled, the reasons for it, and the weight to be given it, are questions for”

   2 later decisions quote this exact passage
   e.g. State v. Burns · State v. Kendricks