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A scholar considers how judges have contributed to historically high incarceration rates — and how they can help reverse the trend. While the American criminal justice system was once known […]
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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 […]
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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 — namely, fired cartridge casings and bullets — to a particular firearm. Two assumptions underlie this identification process: First, firearms […]
Book Review
With the exception of DNA analysis, a great deal of so-called “forensic science” — that is, the analysis of tool marks, bite marks, hair comparisons, fingerprints, blood spatters, arson patterns, and […]
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by Brandon Garrett, Laurence R. Helfer, Mark Godsey, Luca Lupària and Jayne Huckerby
Judicature International (2021-22) | An online-only publicationIn the last decade, nations have begun to formally recognize an individual’s right — at any time — 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 one’s claim of innocence.
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Not long ago, “friend” was a noun, “yelp” meant a shrill bark, “twitter” referred to a chirp, a “tumbler” was a gymnast or a glass, and “facebook,” “youtube,” and “instagram” […]
Book Review
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 […]
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by Daniel J. Capra and Joseph Tartakovsky
Vol. 99 No. 3 (2015) | Fixing DiscoveryIn 2004, the Supreme Court, in Crawford v. Washington, restored the “original meaning” of the Sixth Amendment’s Confrontation Clause. The framers of that clause — which guarantees a criminal defendant the right […]
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Justice Jackson’s post-Nuremberg legacy — his “dispassionate approach” to criminal procedure — continues to shape modern Fourth Amendment jurisprudence.
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by Benjamin Ferencz and Michael P. Scharf
Vol. 105 No. 3 (2021) | Leaving AfghanistanDuring the Nuremberg Trials, Ferencz served as a principal trial lawyer for the U.S., working under chief prosecutors Justice Robert Jackson and Telford Taylor.
