Criminal Law

Point Counterpoint

Jurors Asking Questions

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Spring 2016 | Volume 100 Number 1

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Legal Standards By The Numbers

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Spring 2016 | Volume 100 Number 1

Just after midnight on a warm summer night, a Caucasian woman was walking alone on the streets of Washington, D.C. All of a sudden, three young men she had never […]

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Bail Reform in Texas

Monitoring the Misdemeanor Bail Reform Consent Decree in Harris County, Texas

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Summer 2021 | Volume 105 Number 2

Maranda ODonnell was driving to her mother’s house to pick up her four-year-old daughter when she was stopped by police and arrested for driving with a suspended license. As was […]

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Privacy Protection

The Burden of Privacy In Discovery

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Summer 2021 | Volume 105 Number 2

With the proliferation of social media platforms and other new technologies has come a renewed legal focus on privacy. Most of that focus has centered on data collection, storage, sharing, […]

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Who appointed me God? Reflections of a Judge on Criminal Sentencing

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Autumn 2016 | Volume 100 Number 3

In my 14 years as a federal district judge, I estimate that I have sentenced well over 2,000 individuals.1 Sentencing is the most multifaceted, emotional, and challenging task a judge […]

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The New Rap Sheet: Prosecuting Crimes, Chilling Free Speech

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Summer 2020 | Volume 104 Number 2

With the Fourth Amendment gone, eyes are on the First // That’s why I’m spittin cyanide each and every verse These lyrics from American rap artist Paris’ 2003 album, Sonic […]

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Judging Eyewitness Evidence

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Spring 2020 | Volume 104 Number 1

Eyewitness evidence, in which a witness visually identifies the culprit, is a staple of criminal investigations. But its fallibility is notorious. As the National Academy of Sciences explained in an […]

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Distinguishing Between Reliable and Unreliable Eyewitnesses

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Spring 2020 | Volume 104 Number 1

Increasing research shows that eyewitness confidence at the time of the initial identification can be a strong predictor of accuracy under appropriate lineup identification conditions.1 In such conditions, police show […]

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The Creation and Conclusions of the Third Circuit Task Force on Eyewitness Identifications

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Spring 2020 | Volume 104 Number 1

In 2016, the Third Circuit sat en banc to hear the case of Commonwealth v. Dennis.1 Little did the court realize the sustained impact this single appeal would have on […]

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A Clearer View: The Impact of the National Academy of Sciences Report on Eyewitness Identification

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Spring 2020 | Volume 104 Number 1

Six years ago, the U.S. National Academy of Sciences (NAS) convened a panel of experts to consider the problem of eyewitness identification. Eyewitnesses have long played a significant role in […]

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