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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.
Point/Counterpoint
by David R. Herndon and N. Randy Smith
Vol. 100 No. 1 (2016) | 100 Years of JudicatureIn 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 […]
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by Heidi L. Hansberry, Russell F. Canan, Molly Cannon and Richard Seltzer
Vol. 100 No. 1 (2016) | 100 Years of JudicatureJust 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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by Brandon Garrett and Sandra Guerra Thompson
Vol. 105 No. 2 (2021) | Judicial IndependenceMaranda 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 […]
Point/Counterpoint
by Robert D. Keeling and Ray Mangum
Vol. 105 No. 2 (2021) | Judicial IndependenceWith 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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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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by SpearIt
Vol. 104 No. 2 (2020) | Coping with COVIDWith 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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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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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 […]
