92 Wis. 2d 450 - Hampton v. State’s Empirical Analysis

Citation profile

51 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “to inform the jury of the psychological principles underlying human observation and perception, but left to the jury itself the task of applying the principles to the specific facts of [the] case”

   2 later decisions quote this exact passage
   e.g. 195 Wis. 2d 11 - State v. Kirschbaum · 164 Wis. 2d 64 - State v. Blair

2. “Now, the identification of the Defendant is an issue in this case. In evaluating the evidence relating to the identification of the Defendant as a person who committed the alleged crime, you are to consider those factors which might affect human perception and memory. You are to consider all the circumstances relating to the identification. Consider the opportunity the witness who identified the Defendant had to observe the Defendant. How long the observation lasted, how close the witness was to the alleged offender, the lighting, mental state of the witness at the time, physical ability of the witness to see and hear the events and any other circumstances of the observation. With regard to the witness's memory, you should consider the period of time which elapsed between the witness's observation and the identification of the Defendant and any intervening event which may have affected the witness's memory. If you find that the crime alleged was committed before you may find the Defendant guilty, you must be satisfied beyond a reasonable doubt that the Defendant is the person who committed the crime. It is the theory of the defense in this case that the State has failed to prove beyond a reasonable doubt the identity of the person who shot the victim, Raymond Harris. You may not find the Defendant guilty of this offense unless and until you are satisfied that the State has proven beyond a reasonable doubt the identity of the perpetrator of the offense as that of the Defendant”

   1 later decision quote this exact passage
   e.g. 164 Wis. 2d 64 - State v. Blair

3. “Furthermore, where the supposedly mistaken identity is claimed to have resulted from facts which similarly affect all persons’ ability to accurately perceive, rather than a certain defect or disability from which a particular witness is claimed to suffer, the need for expert testimony would seem to diminish significantly. All people, including those serving on a jury, recognize at least to some extent the difficulties involved in attempting to accurately perceive and remember events in stressful situations. For these reasons, then, we are unable to say that the trial court abused its discretion in limiting the expert testimony of the psychologist offered in this case.”

   1 later decision quote this exact passage
   e.g. 146 Wis. 2d 130 - State v. Hamm