Alvarez v. People’s Empirical Analysis

Citation profile

21 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'the Habitual Criminal Act create[s] a unique possibility' that a defendant will receive a sentence that 'is not proportionate to the crime for which [he] has been convicted.'”

   3 later decisions quote this exact passage · from the majority
   e.g. Rodney Dewayne McDonald v. The People of the State of Colorado. · Close v. People

2. “When sentences are reviewed under the Eighth Amendment, courts should be guided by objective factors that our cases have recognized. First, we look to the gravity of the offense and the harshness of the penalty.... Second, it may be helpful to compare the sentences imposed on other criminals in the same jurisdiction.... Third, courts may find it useful to compare the sentences imposed for commission of the same crime in other jurisdictions.”

   2 later decisions quote this exact passage · from the majority
   e.g. People v. Smith · People v. Cisneros

3. ““[W]e hold as a matter of principle that a criminal sentence must be proportionate to the crime for which the defendant has been convicted. Reviewing courts, of course, should grant substantial deference to the broad authority that legislatures necessarily possess in determining the types and limits of punishments for crimes, as well as to the discretion that trial courts possess in sentencing convicted criminals. But no penalty is per se constitutional_ [A] single day in prison may be unconstitutional in some circumstances.””

   1 later decision quote this exact passage · from the majority
   e.g. People v. Valenzuela