Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Do You See What I See? Problems With Juror Bias In Viewing Body-Camera Video Evidence, Morgan A. Birck
Do You See What I See? Problems With Juror Bias In Viewing Body-Camera Video Evidence, Morgan A. Birck
Michigan Journal of Race and Law
In the wake of the Michael Brown shooting in Ferguson, Missouri, advocates and activists called for greater oversight and accountability for police. One of the measures called for and adopted in many jurisdictions was the implementation of body cameras in police departments. Many treated this implementation as a sign of change that police officers would be held accountable for the violence they perpetrate. This Note argues that although body-camera footage may be useful as one form of evidence in cases of police violence, lawyers and judges should be extremely careful about how it is presented to the jury. Namely, the …
The Persistence Of The Probabilistic Perspective, Richard D. Friedman
The Persistence Of The Probabilistic Perspective, Richard D. Friedman
Articles
The publication now of an essay written by Craig Callen nearly a decade ago is cause for wistful celebration. Even while we are reminded how suddenly and prematurely Craig’s life ended, it is good to have one more academic contribution from him, especially because it is marked by the erudition, thoroughness, gentleness, and humor that characterized him.
Controlling The Jury-Teaching Function, Richard D. Friedman
Controlling The Jury-Teaching Function, Richard D. Friedman
Articles
When evidence with a scientific basis is offered, two fundamental questions arise. First, should it be admitted? Second, if so, how should it be assessed? There are numerous participants who might play a role in deciding these questions—the jury (on the second question only), the parties (through counsel), expert witnesses on each side, the trial court, the forces controlling the judicial system (which include, but are not limited to, the appellate courts), and the scientific establishment. In this Article, I will suggest that together, the last two—the forces controlling the judicial system and the scientific establishment—have a large role to …
Surprise Vs. Probability As A Metric For Proof, Edward K. Cheng, Matthew Ginther
Surprise Vs. Probability As A Metric For Proof, Edward K. Cheng, Matthew Ginther
Vanderbilt Law School Faculty Publications
In this Symposium issue celebrating his career, Professor Michael Risinger in Leveraging Surprise proposes using "the fundamental emotion of surprise" as a way of measuring belief for purposes of legal proof. More specifically, Professor Risinger argues that we should not conceive of the burden of proof in terms of probabilities such as 51%, 95%, or even "beyond a reasonable doubt." Rather, the legal system should reference the threshold using "words of estimative surprise" -asking jurors how surprised they would be if the fact in question were not true. Toward this goal (and being averse to cardinality), he suggests categories such …