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Judicature

PUBLISHED BY:
Bolch Judicial Institute
Duke Law School

Criminal Law

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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Assessing Risk: The Use of Risk Assessment in Sentencing

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

Judges are using risk assessment instruments in criminal cases more than ever before. Their role is increasingly prominent at all stages of the criminal justice system, including policing, pretrial detention, […]

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Skene

Up to the Courts: Managing Forensic Testimony with Limited Scientific Validity

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Vol. 102 No. 1 (2018) | Forensic Fail

U.S. District Court Judge Jed Rakoff of the Southern District of New York tells the story of a firearms and toolmark examiner who appeared before him in 2008, proposing to […]

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Koehler

How Trial Judges Should Think About Forensic Science Evidence

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Vol. 102 No. 1 (2018) | Forensic Fail

Here is a forensic-science test for you. Please answer each of the three questions below True or False. Scientific tests conducted over the past 100 years have repeatedly demonstrated that […]

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