Criminal Law

Point Counterpoint

Jurors Asking Questions

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Vol. 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 […]

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Legal Standards By The Numbers

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Vol. 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 […]

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Bail Reform in Texas

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

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Vol. 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 […]

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Privacy Protection

The Burden of Privacy In Discovery

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Vol. 105 No. 2 (2021) | Judicial Independence

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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Vol. 100 No. 3 (2016) | Who appointed me god?

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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Vol. 104 No. 2 (2020) | Coping with COVID

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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Vol. 104 No. 1 (2020) | A Clearer View

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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Vol. 104 No. 1 (2020) | A Clearer View

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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Vol. 104 No. 1 (2020) | A Clearer View

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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Vol. 104 No. 1 (2020) | A Clearer View

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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