91 Misc. 2d 813 - In re Andrew M.’s Empirical Analysis
1977
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently November 2008
16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If we view juvenile proceedings as the Supreme Court does in Gault (supra), and Matter of Winship [ 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 ] [citation omitted], as being a special category of `almost criminal' liability, the fiction of a conclusive presumption of incapacity to commit a crime becomes a historical vestige with roots in pre- Gault philosophy which falls in the face of the reality of minimum periods of secure incarceration newly enacted in the Juvenile Justice Reform Act of 1976 [citation omitted]. With this reality in mind, the rebuttable presumption of incapacity, ostensibly swallowed within the conclusive presumption enacted by the Family Court Act, takes on new relevance. For, if the presumption which purports to absorb is illusory, how can it destroy by sheer inference the substantive defense of infancy available via the Common Law rebuttable presumption?”
1 later decision quote this exact passagee.g. Jennings v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.