State v. Miranda’s Empirical Analysis

Citation profile

2 federal appellate · 39 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. ““As to whether identification of a defendant in a ‘line-up’ is sufficient to focus the investigation upon a defendant depends upon all of the facts and circumstances surrounding the case. We call attention to the fact that the crime committed in the instant case occurred in the night time, and that there is always a chance of a mistake in identity under such circumstances on account of the excitement of the complaining witness, and difficulty of identity at night. Even where a complaining witness identifies a defendant in a ‘line-up,’ as in the instant case, officers may well feel that a defendant should have the right and privilege of explaining his whereabouts at the particular time which could be checked by the officers. One of the chief duties of both the sheriff’s office and the county attorney’s office is to make sure that people are not unjustly charged with crime. It is their duty to protect the innocent as well as detect the guilty.””

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

2. ““that the statement was voluntary, made by [appellant] of his own free will, that no threats or use of force or coercion or promise of immunity were made; and that he understood his legal rights and the statement might be used against him. Under such facts and circumstances we hold that, notwithstanding the fact that he did not have an attorney at the time he made the statement, and the investigation was beginning to focus upon him, [appellant’s] constitutional rights were not violated, and it was proper to admit the statement in evidence.” 98 Ariz. at 36 , 401 P.2d at 733 .”

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

3. ““(1) The general inquiry into an unsolved crime must have begun to focus on a particular suspect. (2) The suspect must have been taken into police custody. (3) The police in its interrogation must have elicited an incriminating statement. (4) The suspect must have requested and been denied an opportunity to consult with his lawyer. (5) The police must not have effectively warned the suspect of his constitutional rights to remain silent.””

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