In the Federal Rules of Evidence, the predominant rule on expert testimony is Rule 702. On December 1, 2023, the rule was amended after six years of work by the […]
by Rachel Harmon, Tracey L. Meares, Maria Ponomarenko, Christopher Slobogin, David F. Levi, Brandon Garrett and Barry Friedman
Vol. 108 No. 2 (2024) | Judges Under Siege?Police reform has long been a topic of heated debate in the United States. But it assumed new urgency and political significance during the past decade, as national news has […]
A scholar considers how judges have contributed to historically high incarceration rates â and how they can help reverse the trend. While the American criminal justice system was once known […]
Imagine that you (a former civil trial judge) and your colleague (a former tax court judge) are on an appellate panel assigned to adjudicate two appeals. One is an appeal […]
by Brandon Garrett, Nicholas Scurich, Eric Tucker and Hannah Bloom
Vol. 107 No. 2 (2023) | Generative AI in the CourtsForensic firearms identification involves linking evidence collected from crime scenes â namely, fired cartridge casings and bullets â to a particular firearm. Two assumptions underlie this identification process: First, firearms […]
With the exception of DNA analysis, a great deal of so-called “forensic science” â that is, the analysis of tool marks, bite marks, hair comparisons, fingerprints, blood spatters, arson patterns, and […]
by Brandon Garrett, Laurence R. Helfer, Mark Godsey, Luca Lupà ria and Jayne Huckerby
Judicature International (2021-22) | An online-only publicationIn the last decade, nations have begun to formally recognize an individualâs right â at any time â to raise post-conviction claims of factual innocence. Despite the recognition at the state level, no international human rights instrument fully recognizes the right to assert oneâs claim of innocence.
Not long ago, âfriendâ was a noun, âyelpâ meant a shrill bark, âtwitterâ referred to a chirp, a âtumblerâ was a gymnast or a glass, and âfacebook,â âyoutube,â and âinstagramâ […]
There are at least two points of consensus among those who study national security secrecy: First, the government must keep some secrets in order to protect national security. Second, a […]
by Daniel J. Capra and Joseph Tartakovsky
Vol. 99 No. 3 (2015) | Fixing DiscoveryIn 2004, the Supreme Court, in Crawford v. Washington, restored the âoriginal meaningâ of the Sixth Amendmentâs Confrontation Clause. The framers of that clause â which guarantees a criminal defendant the right […]