Flemming v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Both the federal and Texas constitutions provide that a person may not be “compelled” to give testimony against himself. ... Criminal defendants, therefore, are constitutionally protected only from compulsory self-incrimination. Police, therefore, may not exert physical or mental compulsion to obtain a statement. Physical compulsion includes physical torture or extended deprivation of food and water. Mental compulsion includes the more subtle force associated with offering a defendant two choices, i.e., to give a statement or face an improper and unwarranted penalty, punishment, or detriment. While a suspect may knowingly, voluntarily, and intelli gently waive a constitutional right, physical or mental compulsion may remove the element of voluntariness from a defendant’s decision to incriminate himself. The waiver, therefore, must be voluntary in the sense that it is the product of a free and deliberate choice rather than intimidation, coercion or deception.”

   1 later decision quote this exact passage
   e.g. Butler v. State