Law Commons^™

Artificial Intelligence And Role-Reversible Judgment, Stephen E. Henderson, Kiel Brennan-Marquez

Stephen E Henderson

Cognitive Fallacies Reading List, Curtis E.A. Karnow

Curtis E.A. Karnow

Reading list of books, articles, reports, and other material relating to cognitive fallacies, i.e., errors in reasoning which affect us all, including lawyers and judges. These errors in turn affect lawyers’ competence and judges’ ability to provide fair, impartial and well-reasoned decisions.

Case For A Constitutional Definition Of Hearsay: Requiring Confrontation Of Testimonial, Nonassertive Conduct And Statements Admitted To Explain An Unchallenged Investigation, The , James L. Kainen

James L. Kainen

Crawford v. Washington’s historical approach to the confrontation clause establishes that testimonial hearsay inadmissible without confrontation at the founding is similarly inadmissible today, despite whether it fits a subsequently developed hearsay exception. Consequently, the requirement of confrontation depends upon whether an out-of-court statement is hearsay, testimonial, and, if so, whether it was nonetheless admissible without confrontation at the founding. A substantial literature has developed about whether hearsay statements are testimonial or were, like dying declarations, otherwise admissible at the founding. In contrast, this article focuses on the first question – whether statements are hearsay – which scholars have thus far …

Holmes And The Common Law: A Jury's Duty, Matthew P. Cline

Matthew P Cline

The notion of a small group of peers whose responsibility it is to play a part in determining the outcome of a trial is central to the common conception of the American legal system. Memorialized in the Constitution of the United States as a fundamental right, and in the national consciousness as the proud, if begrudged, duty of all citizens, juries are often discussed, but perhaps not always understood. Whatever misunderstandings have come to be, certainly many of them sprang from the juxtaposition of jury and judge. Why do we have both? How are their responsibilities divided? Who truly decides …

E-Jurors:A View From The Bench, Judge Antoinette Plogstedt

Judge Antoinette Plogstedt

E-JURORS: A View From the Bench

Electronic jurors pose new twists to an old problem. With emerging technology in mobile devices, social media, and internet research, juror misconduct exists in new shapes and forms. Many jurisdictions have made attempts to curb electronic misconduct by modifying standard jury instruction and confiscating juror cell phones. Some judges have implemented jury instructions which remind jurors to refrain from communicating about the case and conducting on-line research. However, their efforts fall short. In previous literature, practicioners, students and a few scholars have offered suggestions on modifying jury instructions to better inform jurors of prohibited …

Reconciling The Booker Conflict: A Substantive Sixth Amendment In A Real Offense Sentencing System, Bertrall L. Ross

Bertrall L Ross

No abstract provided.