State v. Jones’s Empirical Analysis

Citation profile

43 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a clear analysis requires that the various distinct ingredients of an offense be separately recognized. The ingredients, denominated “elements” in § 702-205, are the conduct, the circumstances attendant to conduct, and the results of conduct, which are specified in the definition of an offense and which negative a defense on the merits. The effect of including within the definition of “element” facts (conduct, attendant circumstances, results) which negative a defense on the merits (a defense other than one based on the statute of limitations, lack of venue, or lack of jurisdiction) is to postulate an equivalence of the state of mind required to establish a particular offense regardless of the diverse circumstances giving rise to the charge. Thus, if the crime of murder requires that the defendant act intentionally or knowingly with respect to each element, one who intentionally kills another, recklessly mistaken that the other’s conduct threatens one’s life, would not be guilty of murder, although one might be guilty of a crime requiring only recklessness. Since the defendant must act intentionally or knowingly with respect to attendant circumstances which negative the defense of self-defense, conviction for murder would fail unless it could be proven that defendant knew or believed that the defendant’s assailant’s conduct did not in fact threaten serious bodily harm or death.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Moser

2. “[i]n “multiple act” cases, the defendant’s constitutional right to a unanimous jury verdict guaranteed under [a]rticle I, [sections] 5 and 14 of the Hawaii Constitution require that the jury be unanimous as to which act or incident constituted the erime[:] In a multiple acts case, ... several acts are alleged and any one of them could constitute the crime charged. In these cases, the jury must be unanimous as to which act or incident constituted the crime. To ensure jury unanimity in multiple acts cases, we require that either the State elect the particular criminal act upon which it will rely for conviction, or that the trial court instruct the jury [sic] that all of them must agree that the same underlying criminal act has been proved beyond a reasonable doubt.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Stenger

3. “provide[d] that consent is not a defense if: (1) It is given by a person who is legally incompetent to authorize the conduct alleged [Ground 1]; or (2) It is given by a person who by reason of youth, mental disease, disorder, or defect, or intoxication is manifestly unable or known by the defendant to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct alleged [Ground 2]; or (3) It is given by a person whose improvident consent is sought to be prevented by the law defining the offense [Ground 3]; or (4) It is induced by force, duress or deception [Ground 4].”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Kalaola