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Technological Tethereds: Potential Impact Of Untrustworthy Artificial Intelligence In Criminal Justice Risk Assessment Instruments, Sonia M. Gipson Rankin
Technological Tethereds: Potential Impact Of Untrustworthy Artificial Intelligence In Criminal Justice Risk Assessment Instruments, Sonia M. Gipson Rankin
Washington and Lee Law Review
Issues of racial inequality and violence are front and center today, as are issues surrounding artificial intelligence (“AI”). This Article, written by a law professor who is also a computer scientist, takes a deep dive into understanding how and why hacked and rogue AI creates unlawful and unfair outcomes, particularly for persons of color.
Black Americans are disproportionally featured in criminal justice, and their stories are obfuscated. The seemingly endless back-to-back murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and heartbreakingly countless others have finally shaken the United States from its slumbering journey towards intentional criminal justice reform. Myths about …
Changing The Culture Of Disclosure And Forensics, Valena Beety
Changing The Culture Of Disclosure And Forensics, Valena Beety
Washington and Lee Law Review Online
This Essay responds to Professor Brandon Garrett’s Constitutional Regulation of Forensic Evidence, and, in particular, his identification of the dire need to change the culture of disclosing forensic evidence. My work on forensics is—similarly to Garrett’s—rooted in both scholarship and litigation of wrongful convictions. From this perspective, I question whether prosecutors fully disclose forensics findings and whether defense attorneys understand these findings and their impact on a client’s case. To clarify forensic findings for the entire courtroom, this Essay suggests increased pre-trial discovery and disclosure of forensic evidence and forensic experts. Forensic analysts largely work in police-governed labs; therefore, …
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.
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.
Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett
Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett
Washington and Lee Law Review
No abstract provided.
“Merchants And Thieves, Hungry For Power”: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin
“Merchants And Thieves, Hungry For Power”: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin
Washington and Lee Law Review
No abstract provided.
Epigenetics And Toxic Torts: How Epidemiological Evidence Informs Causation, Kerriann Laubach
Epigenetics And Toxic Torts: How Epidemiological Evidence Informs Causation, Kerriann Laubach
Washington and Lee Law Review
No abstract provided.
How Sound Is The Science? Applying Daubert To Biomechanical Experts’ Injury Causation Opinions, Loren Peck
How Sound Is The Science? Applying Daubert To Biomechanical Experts’ Injury Causation Opinions, Loren Peck
Washington and Lee Law Review
No abstract provided.
Criminal Adjudication, Error Correction, And Hindsight Blind Spots, Lisa Kern Griffin
Criminal Adjudication, Error Correction, And Hindsight Blind Spots, Lisa Kern Griffin
Washington and Lee Law Review
Concerns about hindsight in the law typically arise with regard to the bias that outcome knowledge can produce. But a more difficult problem than the clear view that hindsight appears to provide is the blind spot that it actually has. Because of the conventional wisdom about error review, there is a missed opportunity to ensure meaningful scrutiny. Beyond the confirmation biases that make convictions seem inevitable lies the question whether courts can see what they are meant to assess when they do look closely for error. Standards that require a retrospective showing of materiality, prejudice, or harm turn on what …
Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Jenia I. Turner, Allison D. Redlich George Mason University
Two Models Of Pre-Plea Discovery In Criminal Cases: An Empirical Comparison, Jenia I. Turner, Allison D. Redlich George Mason University
Washington and Lee Law Review
Our criminal justice system resolves most of its cases through plea bargains. Yet the U.S. Supreme Court has not required that any evidence, even exculpatory or impeachment evidence, be provided to the defense before a guilty plea. As a result, state rules on pre-plea discovery differ widely. While some jurisdictions follow an “open-file” model, imposing relatively broad discovery obligations on prosecutors early in the criminal process, others follow a more restrictive, “closed-file” model and allow the prosecution to avoid production of critical evidence either entirely or until very near the time of trial. Though the advantages and disadvantages of both …
Ultracrepidarianism In Forensic Science: The Hair Evidence Debacle, David H. Kaye
Ultracrepidarianism In Forensic Science: The Hair Evidence Debacle, David H. Kaye
Washington and Lee Law Review Online
For over 130 years, scientific sleuths have inspected hairs under microscopes. Late in 2012, the FBI, the Innocence Project, and the National Association of Criminal Defense Lawyers joined forces to review thousands of microscopic hair comparisons performed by FBI examiners over several of those decades. The results have been astounding. Based on the first few hundred cases in which hairs were said to match, it appears that examiners exceeded the limits of science in over 90% of their reports or testimony. The disclosure of this statistic has led to charges that the FBI faked an entire field of forensic science, …
Contents May Have Shifted: Disentangling The Best Evidence Rule From The Rule Against Hearsay, Colin Miller
Contents May Have Shifted: Disentangling The Best Evidence Rule From The Rule Against Hearsay, Colin Miller
Washington and Lee Law Review Online
The rule against hearsay covers a statement offered to prove the truth of the matter asserted but does not cover a statement offered for another purpose. Meanwhile, the Best Evidence Rule states that a party seeking to prove the content of a writing, recording, or photograph must produce the original or account for its nonproduction. Does this mean that the Rule is inapplicable when a party seeks to prove something other than the truth of the matter asserted in a writing, recording or photograph? Most courts have answered this question in the affirmative. This essay argues these courts are wrong.
The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock
The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock
Washington and Lee Law Review
Statistical analyses play an important role in employment discrimination cases, as the Supreme Court has long recognized. Regression analysis can help a plaintiff establish a claim of discrimination under Title VII of the Civil Rights Act of 1964 by showing that, even when controlling for relevant characteristics, individuals of a certain class were treated differently than other employees or applicants. It can also help a defendant rebut such a claim by showing that differential treatment was due to characteristics other than being a member of a protected class. Yet, too often, opposing experts present invalid rebuttal evidence that the jury …
Statistics In The Potential Problems In The Presentation Of Statistical Evidence
Statistics In The Potential Problems In The Presentation Of Statistical Evidence
Washington and Lee Law Review
No abstract provided.
A Judicial Perspective On Opinion Evidence Under The Federal Rules, George C. Pratt
A Judicial Perspective On Opinion Evidence Under The Federal Rules, George C. Pratt
Washington and Lee Law Review
No abstract provided.
Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried
Forensic Hair Analysis: The Case Against The Underemployment Of Scientific Evidence, Edward J. Imwinkelried
Washington and Lee Law Review
No abstract provided.
Grand Jury: A Prosecutor Need Not Present Exculpatory Evidence
Grand Jury: A Prosecutor Need Not Present Exculpatory Evidence
Washington and Lee Law Review
No abstract provided.
The Admissibility Of Prior-Crimes Evidence In Prosecutions For Child Abuse
The Admissibility Of Prior-Crimes Evidence In Prosecutions For Child Abuse
Washington and Lee Law Review
No abstract provided.
The Proposed Federal Rules Of Evidence-How Will They Affect The Trial Of Cases?, Charles B. Blackmar
The Proposed Federal Rules Of Evidence-How Will They Affect The Trial Of Cases?, Charles B. Blackmar
Washington and Lee Law Review
No abstract provided.
An Attorney In Possession Of Evidence Incriminating His Client
An Attorney In Possession Of Evidence Incriminating His Client
Washington and Lee Law Review
No abstract provided.
Opinion Evidence Or Facts, Lucile P. Lacy
Opinion Evidence Or Facts, Lucile P. Lacy
Washington and Lee Law Review
No abstract provided.
Derivative Evidence Under Mcnabb-Mallory
Derivative Evidence Under Mcnabb-Mallory
Washington and Lee Law Review
No abstract provided.
Involuntary Confessions And New York Procedure
Involuntary Confessions And New York Procedure
Washington and Lee Law Review
No abstract provided.
Liability Insurance And The Rule Of Exclusion In Tort Actions
Liability Insurance And The Rule Of Exclusion In Tort Actions
Washington and Lee Law Review
No abstract provided.
Road Blocks To Inspect Drivers' Licenses
Road Blocks To Inspect Drivers' Licenses
Washington and Lee Law Review
No abstract provided.
Disposition Of Physical Exhibits Used In Criminal Trials
Disposition Of Physical Exhibits Used In Criminal Trials
Washington and Lee Law Review
No abstract provided.
A Defendant's Appearance As Evidence Of His Age
A Defendant's Appearance As Evidence Of His Age
Washington and Lee Law Review
No abstract provided.
Evidence-Admissibility In Prosecution For Drunken Driving Of Accused's Refusal To Submit To Blood Test [Gardner V. Commonwealth, Va. 1954]
Washington and Lee Law Review
No abstract provided.
Evidence-Validity Of Statute Making Illegally Obtained Evidence Admissible In Gambling Prosecution In One County Of State [Salsburg V. Maryland, U S. Sup. Ct. 1954].
Washington and Lee Law Review
No abstract provided.
Evidence-Application Of Federal Wire Tapping Statute To Recording Authorized By Informer Without Consent Of Accused [United States V. Stephenson, Fed. 1954].
Washington and Lee Law Review
No abstract provided.