Bolch Judicial Institute
Duke Law School
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 […]
by Mark Godsey, Luca Lupària , Brandon Garrett, Laurence R. Helfer and Jayne HuckerbyJudicature International (2021-22) | An online-only publication
In 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.
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” […]
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 TartakovskyVol. 99 No. 3 (2015) | Fixing Discovery
In 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 […]
Justice Jackson’s post-Nuremberg legacy — his “dispassionate approach” to criminal procedure — continues to shape modern Fourth Amendment jurisprudence.
by Michael P. Scharf and Benjamin FerenczVol. 105 No. 3 (2021) | Leaving Afghanistan
During the Nuremberg Trials, Ferencz served as a principal trial lawyer for the U.S., working under chief prosecutors Justice Robert Jackson and Telford Taylor.
by N. Randy Smith and David R. HerndonVol. 100 No. 1 (2016) | 100 Years of Judicature
In some courtrooms, the practice of allowing jurors to pose questions to witnesses is gaining traction. Questioning witnesses allows jurors to clarify information and better understand the evidence and arguments […]
by Heidi L. Hansberry, Richard Seltzer, Russell F. Canan and Molly CannonVol. 100 No. 1 (2016) | 100 Years of Judicature
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 […]
by Brandon Garrett and Sandra Guerra ThompsonVol. 105 No. 2 (2021) | Judicial Independence
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 […]