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Considering "Machine Testimony": The Impact Of Facial Recognition Software On Eyewitness Identifications, Valena Beety
Considering "Machine Testimony": The Impact Of Facial Recognition Software On Eyewitness Identifications, Valena Beety
Duquesne Law Review
Andrea Roth's seminal work in Machine Testimony and Trial by Machine presented a problem that is now upon us: addressing biased algorithms and the rampant reliance on technology by prosecutors and law enforcement.1 That reliance, however, is no longer unquestioning. Roth's work came at a crucial moment in time, when other articles were embracing the apparent impartiality of technology and algorithms for use in the criminal legal system. Her scholarship steered us away from that blind acceptance and dove deep, not only questioning technology itself, but also how to frame those questions of technology in the courtroom.
Triaging Lomax: An Urgent Proposal For Legislative Reform To Restore Judicial Protection In American Prisons, Alexis B. Thurston
Triaging Lomax: An Urgent Proposal For Legislative Reform To Restore Judicial Protection In American Prisons, Alexis B. Thurston
Duquesne Law Review
In a 2003 study of trends in inmate litigation before and after the enactment of the Prison Litigation Reform Act ("PLRA"), Harvard Law School Professor Margo Schlanger described the PLRA's administrative exhaustion requirement as "the statute's most damaging component."1 Almost two decades later, in June of 2020, the United States Supreme Court indirectly strengthened the administrative exhaustion requirement through its ruling in Lomax v. Ortiz-Marquez.2 In Lomax, the Court found that all dismissals of inmate litigation resulting from the failure of an incarcerated plaintiff to adhere to the exhaustion requirement would count as "strikes" against the …
What Machines Can Teach Us About "Confrontation", Andrea Roth
What Machines Can Teach Us About "Confrontation", Andrea Roth
Duquesne Law Review
In this short Article, I argue that treating non-human conveyances of information-and other forms of evidence that cannot be cross-examined-as beyond the Confrontation Clause is unsatisfactory as a matter of text, history, logic, and principle. Instead, all of these clues lead to one conclusion: the right of confrontation is a right not only to physical presence of certain human witnesses to facilitate demeanor review and questioning, but to a meaningful opportunity to scrutinize the government's proof, whatever its form.8 That right would include out-of-court discovery of critical contextual information about the evidence, whether or not exculpatory, and a …
Ending Manner-Of-Death Testimony And Other Opinion Determinations Of Crime, Keith A. Findley, Dean A. Strang
Ending Manner-Of-Death Testimony And Other Opinion Determinations Of Crime, Keith A. Findley, Dean A. Strang
Duquesne Law Review
In January 2011, Ellen Greenberg's fianc6 and her apartment building manager broke down her apartment door after she failed repeatedly to respond to attempts to contact her.1 They found herd ead in a pool of blood on the kitchen floor, the victim of twenty stab wounds to her chest, torso, head, and neck, including stab wounds to the back of her head and to her body through her clothes. They found a half-eaten fruit salad on the kitchen counter along with an overturned knife block. By all appearances, Greenberg was the victim of a grisly murder, and the medical …