823 So. 2d 757 - Hall v. State’s Empirical Analysis

Citation profile

63 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he provision of criminal penalties and of limitations upon the application of such penalties is a matter of predominantly substantive law and, as such, is a matter properly addressed by the Legislature. The Legislature, in the exercise of its authority and responsibility to establish sentencing criteria, to provide for the imposition of criminal penalties, and to make the best use of state prisons so that violent criminal offenders are appropriately incarcerated, has determined that it is in the best interest of the state to develop, implement, and revise a sentencing policy.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 191 So. 3d 406 - Sidney Norvil, Jr. v. State of Florida · 859 So. 2d 613 - Moore v. State

2. “[t]he primary purpose of sentencing is to punish the offender. Rehabilitation is a desired goal of the criminal justice- system but is subordinate to the goal of punishment. The penalty imposed is commensurate with the severity of the primary offense and the circumstances surrounding the primary offense. The severity of the sentence increases with the length and nature of the offender’s prior record. .”

   2 later decisions quote this exact passage
   e.g. 191 So. 3d 406 - Sidney Norvil, Jr. v. State of Florida · 148 So. 3d 1251 - Reginald L. Bryant v. State of Florida

3. “strict proportionality between crimes and sentences. Rather, it forbids only extreme sanctions that are `grossly disproportionate' to the crime. Harmelin, 501 U.S. at 1001 [ 111 S.Ct. 2680 ] (Kennedy, J. concurring). Moreover, `outside the context of capital punishment, successful challenges to the proportionality of particular sentences have been exceedingly rare.'”

   1 later decision quote this exact passage
   e.g. Locklear v. FISH & WILDLIFE CONSERVATION