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Full-Text Articles in Evidence

Policing Predictive Policing, Andrew G. Ferguson Jan 2017

Policing Predictive Policing, Andrew G. Ferguson

Washington University Law Review

Predictive policing is sweeping the nation, promising the holy grail of policing—preventing crime before it happens. The technology has far outpaced any legal or political accountability and has largely escaped academic scrutiny. This article examines predictive policing’s evolution with the goal of providing the first practical and theoretical critique of this new policing strategy. Building on insights from scholars who have addressed the rise of risk assessment throughout the criminal justice system, this article provides an analytical framework to police new predictive technologies.


What Investigative Resources Does The International Criminal Court Need To Succeed?: A Gravity-Based Approach, Stuart Ford Jan 2017

What Investigative Resources Does The International Criminal Court Need To Succeed?: A Gravity-Based Approach, Stuart Ford

Washington University Global Studies Law Review

There is an ongoing debate about what resources the International Criminal Court (ICC) needs to be successful. On one side of this debate are many of the Court’s largest funders, including France, Germany, Britain, Italy, and Japan. They have repeatedly opposed efforts to increase the Court’s resources even as its workload has increased dramatically in recent years. On the other side of the debate is the Court itself and many of the Court’s supporters within civil society. They have taken the position that it is underfunded and does not have sufficient resources to succeed. This debate has ...


Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley M. Oliver Jan 2016

Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley M. Oliver

Washington University Law Review

On December 30, 2015, an affidavit of probable cause alleged that William H. Cosby, Jr., Ed.D., a comedian whose storied career spanned decades, committed aggravated indecent sexual assault upon Andrea Constand. For decades, women have been coming forward claiming to have been the victims of Cosby’s unwanted sexual advances, most of them claiming that Cosby drugged them and took advantage of them when they were in an unconscious state. Despite the number of accusers over decades, thus far only one criminal count has been announced. At this point, it appears that the statute of limitation would preclude an ...


Confined To A Narrative: Approaching Rape Shield Laws Through Legal Narratology, Kathryn C. Swiss Jan 2014

Confined To A Narrative: Approaching Rape Shield Laws Through Legal Narratology, Kathryn C. Swiss

Washington University Jurisprudence Review

No abstract provided.


The Next Innocence Project: Shaken Baby Syndrome And The Criminal Courts, Deborah Tuerkheimer Jan 2009

The Next Innocence Project: Shaken Baby Syndrome And The Criminal Courts, Deborah Tuerkheimer

Washington University Law Review

Every year in this country, hundreds of people are convicted of having shaken a baby, most often to death. In a prosecution paradigm without precedent, expert medical testimony is used to establish that a crime occurred, that the defendant caused the infant’s death by shaking, and that the shaking was sufficiently forceful to constitute depraved indifference to human life. Shaken Baby Syndrome (SBS) is, in essence, a medical diagnosis of murder, one based solely on the presence of a diagnostic triad: retinal bleeding, bleeding in the protective layer of the brain, and brain swelling. New scientific research has cast ...


Violence Between Lovers, Strangers, And Friends, Carissa Byrne Hessick Jan 2007

Violence Between Lovers, Strangers, And Friends, Carissa Byrne Hessick

Washington University Law Review

Part I of this Article briefly summarizes the commentary and studies that have examined the effect of victim-offender relationships on criminal justice decision making. It also notes instances where the treatment of stranger violence as more serious crime than comparable non-stranger violence has been codified in statutes or other written regulations. Possible justifications for the prioritization of stranger violence over non-stranger violence are explored in Part II. Those justifications include (a) a perception that stranger offenders are more culpable than nonstranger offenders; (b) a perception that stranger offenders are more dangerous than non-stranger offenders; (c) a belief that the non-stranger ...


The Brawner Rule—Why? Or No More Nonsense On Non Sense In The Criminal Law, Please!, Joseph Goldstein Jan 1973

The Brawner Rule—Why? Or No More Nonsense On Non Sense In The Criminal Law, Please!, Joseph Goldstein

Washington University Law Review

This Article will focus primarily on two matters in the Brawner court's opinion: 1) its decision not to abolish the insanity defense; and 2) its decision to permit the introduction of evidence concerning a defendant’s abnormal mental condition if relevant to establishing or negating the specific intent element of certain crimes.


The Mcnabb Rule And The Missouri Courts, R.W. Gilcrest Jan 1954

The Mcnabb Rule And The Missouri Courts, R.W. Gilcrest

Washington University Law Review

No abstract provided.