Considering "Machine Testimony": The Impact Of Facial Recognition Software On Eyewitness Identifications,
2022
Duquesne University
Considering "Machine Testimony": The Impact Of Facial Recognition Software On Eyewitness Identifications, Valena Beety
Duquesne Law Review
Andrea Roth's seminal work in Machine Testimony and Trial by Machine presented a problem that is now upon us: addressing biased algorithms and the rampant reliance on technology by prosecutors and law enforcement.1 That reliance, however, is no longer unquestioning. Roth's work came at a crucial moment in time, when other articles were embracing the apparent impartiality of technology and algorithms for use in the criminal legal system. Her scholarship steered us away from that blind acceptance and dove deep, not only questioning technology itself, but also how to frame those questions of technology in the courtroom.
Biometrics And An Ai Bill Of Rights,
2022
Duquesne University
Biometrics And An Ai Bill Of Rights, Margaret Hu
Duquesne Law Review
This Article contends that an informed discussion on an Al Bill of Rights requires grappling with biometric data collection and its integration into emerging Al systems. Biometric Al systems serve a wide range of governmental purposes, including policing, border security and immigration enforcement, and biometric cyberintelligence and biometric-enabled warfare. These systems are increasingly categorized as "high-risk" when deployed in ways that may impact fundamental constitutional rights and human rights. There is growing recognition that high-risk biometric AI systems, such as facial recognition identification, can pose unprecedented challenges to criminal procedure rights. This Article concludes that a failure to recognize these …
Ending Manner-Of-Death Testimony And Other Opinion Determinations Of Crime,
2022
Duquesne University
Ending Manner-Of-Death Testimony And Other Opinion Determinations Of Crime, Keith A. Findley, Dean A. Strang
Duquesne Law Review
In January 2011, Ellen Greenberg's fianc6 and her apartment building manager broke down her apartment door after she failed repeatedly to respond to attempts to contact her.1 They found herd ead in a pool of blood on the kitchen floor, the victim of twenty stab wounds to her chest, torso, head, and neck, including stab wounds to the back of her head and to her body through her clothes. They found a half-eaten fruit salad on the kitchen counter along with an overturned knife block. By all appearances, Greenberg was the victim of a grisly murder, and the medical …
On-Screen V. In Person: How A Tech-Savvy World Is Impacting Jurors' Perceptions Of Witnesses,
2022
Duquesne University
On-Screen V. In Person: How A Tech-Savvy World Is Impacting Jurors' Perceptions Of Witnesses, Michael T. Deer
Duquesne Law Review
When speaking to a friend or loved one via video chat, one receives the thrill of seeing that person in real time-without a faceto- face encounter. Video chatting is a popular mechanism in the twenty-first century, as the technology comes in various forms and lives at our fingertips.1 Whether a family is video chatting with an overseas servicemember during a holiday, a person is attending an online class or work meeting, or someone is seeing his or her doctor by way of a virtual appointment, our notion of "face time" has evolved significantly.2 In fact, Merriam-Webster now defines …
Liberty And Justice For All?: A Pathfinder On The Use Of Lyrics As Evidence In Civil And Criminal Trial,
2022
American University Washington College of Law
Liberty And Justice For All?: A Pathfinder On The Use Of Lyrics As Evidence In Civil And Criminal Trial, Stephanie Washington
Upper Level Writing Requirement Research Papers
No abstract provided.
The Law And Science Of Eyewitness Evidence,
2022
Duke Law School
The Law And Science Of Eyewitness Evidence, Thomas D. Albright, Brandon L. Garrett
Faculty Scholarship
Eyewitness evidence crucially depends on visual perception and memory, which are quite fallible. The potential inaccuracy of eyewitness memory has been long demonstrated in cases of wrongful conviction. Today, decades of scientific research on visual perception and memory have identified key causes of error and methods for improving eyewitness performance. Eyewitness evidence, where identification procedures themselves involve experiments, lends itself to scientific research as do few other areas in law. As a result, eyewitness evidence has become a testing ground for the use of science to inform the law. This Article examines how legal actors—state and federal courts, state lawmakers, …
Coerced Testimony Of A Witness, As Opposed To The Fabrication Of Evidence, Should Not Be Used As A Basis To Satisfy A § 1983 Claim For Alleged Due Process Violations In An Underlying Criminal Matter, 55 Uic L. Rev. 40 (2022), Jonathan Federman, Kyle Fleck
UIC Law Review
No abstract provided.
Duty To Impair: Failure To Adopt The Federal Rules Of Evidence Allows The Va To Rely On Incompetent Examiners And Inadequate Medical Examinations, 90 Umkc L. Rev. 511 (2022),
2022
UIC School of Law
Duty To Impair: Failure To Adopt The Federal Rules Of Evidence Allows The Va To Rely On Incompetent Examiners And Inadequate Medical Examinations, 90 Umkc L. Rev. 511 (2022), Yelena Duterte
UIC Law Open Access Faculty Scholarship
No abstract provided.
Proving Copying,
2022
Columbia Law School
Proving Copying, Shyamkrishna Balganesh, Peter S. Menell
Faculty Scholarship
Proof that a defendant actually copied from a copyrighted work is a critical part of a claim for copyright infringement. Indeed, absent such copying, there is no infringement. The most common method of proving copying involves the use of circumstantial evidence, consisting of proof that a defendant had “access” to the protected work, and a showing of “similarities” between the copy and the protected work. In inferring copying from the combination of such evidence, courts have for many decades developed a framework known as the “inverse ratio rule,” which allows them to modulate the level of proof needed on access …
Alternative Dispute Resolution In Child Sexual Abuse Cases: Approaches For Minimizing Victimization,
2022
Benjamin N. Cardozo School of Law
Alternative Dispute Resolution In Child Sexual Abuse Cases: Approaches For Minimizing Victimization, Stephanie Leavitt
Cardozo Journal of Conflict Resolution
No abstract provided.
The Prosecutor In The Mirror: Conviction Integrity Units And Brady Claims,
2022
Elisabeth Haub School of Law at Pace University
The Prosecutor In The Mirror: Conviction Integrity Units And Brady Claims, Lissa Griffin, Daisy Mason
Elisabeth Haub School of Law Faculty Publications
In Brady v. Maryland, the Supreme Court held that a prosecutor has a due process obligation to disclose exculpatory evidence that is material to guilt or punishment. The failure to fulfill this duty is particularly insidious because it bears directly on both whether an innocent defendant may have been convicted as well as on whether the adjudicatory process was fair. The failure to disclose exculpatory evidence has been characterized as “epidemic” and has been documented to have made a major, outsized contribution in cases that resulted in exonerations. It is not surprising, then, that conviction integrity units in prosecutor’s offices …
Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One,
2022
University of Missouri - Kansas City, School of Law
Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One, Sean O'Brien, Quinn O'Brien, Dana Cook
Faculty Works
Professor and capital defense attorney Sean O’Brien, private investigator Quinn O’Brien, and mitigation specialist Dana Cook team up in this article to explain why the standard for competent defense investigation requires face-to-face, one-on-one, culturally competent client and witness interviews, and why short cuts to investigation, such as telephone calls or remote video links, are counter-productive, prone to failure, and constitute substandard work. Although the primary focus of this article is on standards that apply to capital mitigation work, the problems created by remote witness interviews are not unique to death penalty work; there are persuasive arguments and authority that the …
Rethinking Evidentiary Rules In An Age Of Bench Trials,
2022
Florida State University College of Law
Rethinking Evidentiary Rules In An Age Of Bench Trials, Henry Zhuhao Wang
Scholarly Publications
American jury trials are vanishing. Statistics indicate that the number of jury trials in the United States federal and state courts has diminished for decades, a phenomenon that has become even more pronounced amid the ongoing COVID-19 pandemic. Courts throughout the nation are on track for more than a year without any trials by jury. But as jury trials wane, bench trials are dominant in federal and state courts for both civil and criminal cases. What does that mean, then, for evidentiary rules? The Federal Rules of Evidence, first adopted in 1975, codify federal evidence law and have been adopted …
State V. Jones, 242 A.3d 47 (R.I. 2020).,
2022
Candidate for Juris Doctor, Roger Williams University School of Law
State V. Jones, 242 A.3d 47 (R.I. 2020)., Elizabeth Gravelle
Roger Williams University Law Review
No abstract provided.
Joplin V. Cassin, 252 A.3d 271 (R.I. 2021),
2022
Candidate for Juris Doctor, Roger Williams University School of Law
Joplin V. Cassin, 252 A.3d 271 (R.I. 2021), Julyssa Tavares
Roger Williams University Law Review
No abstract provided.
Rap Reform: Why Rhode Island Should Exclude Police Detectives And Gang Experts From Interpreting A Criminal Defendant’S Ambiguous Rap Lyrics,
2022
Roger Williams University School of Law
Rap Reform: Why Rhode Island Should Exclude Police Detectives And Gang Experts From Interpreting A Criminal Defendant’S Ambiguous Rap Lyrics, Chad O. Stroum
Roger Williams University Law Review
No abstract provided.
2021 Surveys Of Rhode Island Law,
2022
Roger Williams University
2021 Surveys Of Rhode Island Law
Roger Williams University Law Review
No abstract provided.
State V. Smith, 243 A.3d 1045 (R.I. 2021),
2022
Candidate for Juris Doctor, Roger Williams University School of Law
State V. Smith, 243 A.3d 1045 (R.I. 2021), Katriina Rose Juntunen
Roger Williams University Law Review
No abstract provided.
State V. Ricker, 252 A.3d 721 (R.I. 2021),
2022
Candidate for Juris Doctor, Roger Williams University School of Law
State V. Ricker, 252 A.3d 721 (R.I. 2021), Victor M.P. Vieira
Roger Williams University Law Review
No abstract provided.
The Future Of Criminal Culpability: Posttraumatic Stress Disorder's ("Ptsd") Effect On A Defendant's Actions And State Of Mind,
2022
Egyptian Public Prosecution
The Future Of Criminal Culpability: Posttraumatic Stress Disorder's ("Ptsd") Effect On A Defendant's Actions And State Of Mind, Amin R. Yacoub, Becky Briggs
University of San Francisco Law Review
No abstract provided.
