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Full-Text Articles in Law
Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew E. Taslitz
Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew E. Taslitz
School of Law Faculty Publications
The rise of computer technology, the internet, rapid news dissemination, multi-tasking, and social networking have wrought changes in human psychology that alter how we process news media. More specifically, news coverage of high-profile trials necessarily focuses on emotionally-overwrought, attention-grabbing information disseminated to a public having little ability to process that information critically. The public’s capacity for empathy is likewise reduced, making it harder for trial processes to overcome the unfair prejudice created by the high-profile trial. Market forces magnify these changes. Free speech concerns limit the ability of the law to alter media coverage directly, and the tools available to …
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
School of Law Faculty Publications
Much has been written about the need to videotape the entire process of police interrogating suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions because facts are no longer in dispute, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small, albeit growing, number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC), formerly the National Conference …
Judging Jena's Da: The Prosecutor And Racial Esteem, Andrew E. Taslitz
Judging Jena's Da: The Prosecutor And Racial Esteem, Andrew E. Taslitz
School of Law Faculty Publications
In the Jena 6 case, six African-American high school students were arrested for assault charges allegedly arising out of a series of confrontations between black and white students stemming from a black student's sitting under the "white tree" on school grounds. The Jena prosecutor successfully arranged for one of the Jena 6 to be tried as an adult, where he was convicted and exposed to the potential of a very harsh sentence. The prosecutor did not, however, proceed, or not proceed as harshly, against several white students who were purportedly involved in violence or threats of violence against black students. …
Wrongly Accused Redux: How Race Contributes To Convicting The Innocent: The Informants Example, Andrew E. Taslitz
Wrongly Accused Redux: How Race Contributes To Convicting The Innocent: The Informants Example, Andrew E. Taslitz
School of Law Faculty Publications
This article analyzes five forces that may raise the risk of convicting the innocent based upon the suspect's race: the selection, ratchet, procedural justice, bystanders, and aggressive-suspicion effects. In other words, subconscious forces press police to focus more attention on racial minorites, the ratchet makes this focus every-increasing, the resulting sense by the community of unfair treatment raises its involvment in crime while lowering its willingness to aid the police in resisting crime, innocent persons suffer when their skin color becomes associated with criminality, and the police use more aggressive techniques on racial minorities in a way that raises the …
Bullshitting The People: The Criminal Procedure Implications Of A Scatalogical Term, Andrew E. Taslitz
Bullshitting The People: The Criminal Procedure Implications Of A Scatalogical Term, Andrew E. Taslitz
School of Law Faculty Publications
When, if ever, is it appropriate for the police to lie to members of the American People about their constitutional rights, mislead them about the rights' content, fail to mention them at all, or discourage their exercise? This paper seeks to answer that question by drawing on the philosophical literature on the nature and social value (or harm) of bullshit and on psychological research relevant to the same concept to craft what is ultimate a political position on the question.