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Behavioral Science Evidence In The Age Of Daubert: Reflections Of A Skeptic, Mark S. Brodin
Behavioral Science Evidence In The Age Of Daubert: Reflections Of A Skeptic, Mark S. Brodin
ExpressO
The piece briefly traces the history of the use of social science in the courtroom, and proceeds to critically measure this form of proof (particularly “syndrome” evidence) against both the reliability standards imposed by Daubert v. Merrell Dow Pharmaceuticals, Inc. and the traditional requirements for admission of expert testimony. Drawing upon empirical research concerning juries and decision-making as well as transcripts of the use of behavioral evidence at trial, I conclude that much of this testimony should be rejected. Rather than providing meaningful assistance to the jury, social science experts can distort the accuracy of the fact-finding process and imperil …
Spin Control And The High-Profile Client -- Should The Attorney-Client Privilege Extend To Communications With Public Relations Consultants?, Ann Murphy
ExpressO
The use of public relations consultants in connection with high-profile cases is a relatively new development. Public relations firms are advertising that their advice is necessary when celebrities face criminal charges. It is beyond speculation that such advice may be helpful, but should such advice be protected from disclosure under the attorney-client privilege? Privileges are to be recognized “only within the narrowest limits required by principle.” Public relations consultants transmit information to the public. The communications are not meant to be confidential. These communications do not fall within the purposes or the history of the attorney-client privilege.
Forecasting Harm: The Law And Science Of Risk Assessment Among Prisoners, Predators, And Patients, John Monahan
Forecasting Harm: The Law And Science Of Risk Assessment Among Prisoners, Predators, And Patients, John Monahan
ExpressO
Scientifically valid instruments are being used for the first time to assess an individual’s risk of violence in criminal sentencing and in the civil commitment of mental patients and sexual predators. Risk factors on these instruments pertain to what the person is (e.g., gender), what the person has (e.g., personality disorder), what the person has done (e.g., past violence), and what has been done to the person (e.g., past victimization). In this Article, I argue that in criminal law, with its emphasis on blameworthiness for actions taken, the admissibility of scientifically valid risk factors is properly constrained to those that …
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin
ExpressO
No abstract provided.
Contaminating The Verdict: The Problem Of Juror Misconduct, Bennett L. Gershman
Contaminating The Verdict: The Problem Of Juror Misconduct, Bennett L. Gershman
ExpressO
No abstract provided.