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Articles 1 - 30 of 69
Full-Text Articles in Entire DC Network
56. Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses “Do You Know/Remember” Questions., Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon
56. Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses “Do You Know/Remember” Questions., Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
Reply To Miriam Baer And Michael Doucette’S Reviews Of Two Models Of Pre-Plea Discovery In Criminal Cases, Jenia I. Turner, Allison D. Redlich
Reply To Miriam Baer And Michael Doucette’S Reviews Of Two Models Of Pre-Plea Discovery In Criminal Cases, Jenia I. Turner, Allison D. Redlich
Washington and Lee Law Review Online
No abstract provided.
Managing Fear-Based Derogation In Murder Trials, John Rafael Perez
Managing Fear-Based Derogation In Murder Trials, John Rafael Perez
Journal of Legislation
No abstract provided.
Scandal, Fraud, And The Reform Of Forensic Science: The Case Of Fingerprint Analysis, Simon A. Cole
Scandal, Fraud, And The Reform Of Forensic Science: The Case Of Fingerprint Analysis, Simon A. Cole
West Virginia Law Review
No abstract provided.
Folklore And Forensics: The Challenges Of Arson Investigation And Innocence Claims, Parisa Dehghani-Tafti, Paul Bieber
Folklore And Forensics: The Challenges Of Arson Investigation And Innocence Claims, Parisa Dehghani-Tafti, Paul Bieber
West Virginia Law Review
No abstract provided.
An Uncivil Action: Criminalizating Daubert In Procedure And Practice To Avoid Wrongful Convictions, Jessica G. Cino
An Uncivil Action: Criminalizating Daubert In Procedure And Practice To Avoid Wrongful Convictions, Jessica G. Cino
West Virginia Law Review
No abstract provided.
Forensics And Fallibility: Comparing The Views Of Lawyers And Jurors, Brandon L. Garrett, Gregory Mitchell
Forensics And Fallibility: Comparing The Views Of Lawyers And Jurors, Brandon L. Garrett, Gregory Mitchell
West Virginia Law Review
No abstract provided.
Strengths And Limitations Of Forensic Science: What Dna Exonerations Have Taught Us And Where To Go From Here, Vanessa Meterko
Strengths And Limitations Of Forensic Science: What Dna Exonerations Have Taught Us And Where To Go From Here, Vanessa Meterko
West Virginia Law Review
No abstract provided.
Building The Infrastructure For "Justice Through Science": The Texas Model, Sandra Guerra Thompson, Nicole Bremner Cásarez
Building The Infrastructure For "Justice Through Science": The Texas Model, Sandra Guerra Thompson, Nicole Bremner Cásarez
West Virginia Law Review
No abstract provided.
55. Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts., Zsófia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon
55. Challenging The Credibility Of Alleged Victims Of Child Sexual Abuse In Scottish Courts., Zsófia Szojka, Samantha J. Andrews, Michael E. Lamb, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
University of Richmond Law Review
This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.
The New Pcast Report To The President Of The United States On Forensic Science, Robert M. Sanger
The New Pcast Report To The President Of The United States On Forensic Science, Robert M. Sanger
Robert M. Sanger
Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden
Recording A New Frontier In Evidence-Gathering: Police Body-Worn Cameras And Privacy Doctrines In Washington State, Katie Farden
Seattle University Law Review
This Note contributes to a growing body of work that weighs the gains that communities stand to make from police body-worn cameras against the tangle of concerns about how cameras may infringe on individual liberties and tread on existing privacy laws. While police departments have quickly implemented cameras over the past few years, laws governing the use of the footage body-worn cameras capture still trail behind. Notably, admissibility rules for footage from an officer’s camera, and evidence obtained with the help of that footage, remain on the horizon. This Note focuses exclusively on Washington State’s laws. It takes a clinical …
The Surprising History Of The Preponderance Standard Of Civil Proof, John Leubsdorf
The Surprising History Of The Preponderance Standard Of Civil Proof, John Leubsdorf
Florida Law Review
Although much has been written on the history of the requirement of proof of crimes beyond a reasonable doubt, this is the first study to probe the history of its civil counterpart, proof by a preponderance of the evidence. It turns out that the criminal standard did not diverge from a preexisting civil standard, but vice versa. Only in the late eighteenth century, after lawyers and judges began speaking of proof beyond a reasonable doubt, did references to the preponderance standard begin to appear. Moreover, U.S. judges did not start to instruct juries about the preponderance standard until the mid-nineteenth …
I See Dead People: Examining The Admissibility Of Living-Victim Photographs In Murder Trials, Susanna Rychlak
I See Dead People: Examining The Admissibility Of Living-Victim Photographs In Murder Trials, Susanna Rychlak
Vanderbilt Law Review
In the summer of 2015, the Tennessee legislature debated and passed the "Victim Life Photo Act," which went into effect on July 1, 2015. This law states: "In a prosecution for any criminal homicide, an appropriate photograph of the victim while alive shall be admissible evidence when offered by the district attorney general to show the general appearance and condition of the victim while alive." Victims' rights groups lobbied for this and similar laws throughout the country, which were then enacted by state legislatures. Though these laws amended rules of evidence, the considerations under which they were passed were largely …
Virginia Prosecutors’ Response To Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Michael R. Doucette
Virginia Prosecutors’ Response To Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Michael R. Doucette
Washington and Lee Law Review Online
No abstract provided.
The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger
The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger
Robert M. Sanger
Moving Beyond Miranda: Concessions For Confessions, Scott W. Howe
Moving Beyond Miranda: Concessions For Confessions, Scott W. Howe
Northwestern University Law Review
The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of informed, …
Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse
Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse
All Faculty Scholarship
This invited commentary for Journal of Law & the Biosciences considers four empirical studies previously published in the journal of the reception of neuroscientific evidence in criminal cases in the United States, Canada, England and Wales, and the Netherlands. There are conceded methodological problems with all, but the data are nonetheless instructive and suggestive. The thesis of the comment is that the courts are committing the same errors that have bedeviled the reception of psychiatric and psychological evidence. There is insufficient caution about the state of the science, and more importantly, there is insufficient understanding of the relevance of the …
Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett
Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett
Washington and Lee Law Review
No abstract provided.
Rescued From The Grave And Then Covered With Mud: Justice Scalia And The Unfinished Restoration Of The Confrontation Right, Richard D. Friedman
Rescued From The Grave And Then Covered With Mud: Justice Scalia And The Unfinished Restoration Of The Confrontation Right, Richard D. Friedman
Articles
Some years before his death, when asked which was his favorite among his opinions, Antonin Scalia named Crawford v. Washington. It was a good choice. Justice Scalia's opinion in Crawford reclaimed the Confrontation Clause of the Sixth Amendment to the Constitution and restored it to its rightful place as one of the central protections of our criminal justice system. He must have found it particularly satisfying that the opinion achieved this result by focusing on the historical meaning of the text, and that it gained the concurrence of all but two members of the Court, from all ideological positions.
Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy
Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy
Villanova Law Review
No abstract provided.
Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye
Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye
Catholic University Journal of Law and Technology
No abstract provided.
David Brown Versus Louisiana, Charles Ogletree, Ronald Sullivan
David Brown Versus Louisiana, Charles Ogletree, Ronald Sullivan
Amicus Briefs
No abstract provided.
Louisiana Rapper’S Case Speaks To Bigger Problems In The Criminal Justice System, Andrea L. Dennis, Erik Nelson, Michael Render
Louisiana Rapper’S Case Speaks To Bigger Problems In The Criminal Justice System, Andrea L. Dennis, Erik Nelson, Michael Render
Popular Media
This article published on April 25, 2016 at the Huffington Post examines the case of McKinley Phipps. He was sentenced to thirty years of hard labor for a crime that, to this day, he insists he did not commit. During the trial prosecutors used Phipps’s rap persona and lyrics - remixed for special effect - to carefully construct a story of Phipps’s guilt. The article discusses how Phipps lyrics and persona contributed to his conviction and the progress of his appeals.
Bruton On Balance: Standardizing Redacted Codefendant Confessions Through Federal Rule Of Evidence 403, Margaret Dodson
Bruton On Balance: Standardizing Redacted Codefendant Confessions Through Federal Rule Of Evidence 403, Margaret Dodson
Vanderbilt Law Review
Joint criminal trials are a relatively common practice in the American criminal justice system. When multiple criminal defendants are charged in a single crime-especially in conspiracy cases-courts and prosecutors alike favor joint trials because of their comparable efficiency to individual trials. However, joint trials can raise significant procedural and constitutional concerns for codefendants. One such issue arises when the government seeks to introduce the confession of a non-testifying defendant (hereinafter a "declarantdefendant") that inculpates other codefendants.
When introduced, such confessions raise potential Sixth Amendment issues under Bruton v. United States. A Bruton violation occurs in a joint trial when a …
Copwatching, Jocelyn Simonson
Conviction Review Units: A National Perspective, John Hollway
Conviction Review Units: A National Perspective, John Hollway
All Faculty Scholarship
Over the past 25 years, Americans have become increasingly aware of a vast array of mistakes in the administration of justice, including wrongful convictions, situations where innocent individuals have been convicted and incarcerated for crimes they did not commit. The most prevalent institutional response by prosecutors to address post-conviction fact-based claims of actual innocence is the Conviction Review Unit (CRU), sometimes called the Conviction Integrity Unit. Since the creation of the first CRU in the mid-2000s, more than 25 such units have been announced across the country; more than half of these have been created in the past 24 months. …
Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks
Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks
Fordham Urban Law Journal
No abstract provided.
Reconsidering The Standards Of Admission For Prior Bad Acts Evidence In Light Of Research On False Memories And Witness Preparation, Jason Tortora
Reconsidering The Standards Of Admission For Prior Bad Acts Evidence In Light Of Research On False Memories And Witness Preparation, Jason Tortora
Fordham Urban Law Journal
No abstract provided.