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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 […]
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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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by Jed S. Rakoff and Thomas D. Albright
Vol. 104 No. 1 (2020) | A Clearer ViewSix 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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by Brandon Garrett and John Monahan
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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by Pat Skene
Vol. 102 No. 1 (2018) | Forensic FailU.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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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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by Alex Biedermann, William C. Thompson and Joëlle Vuille
Vol. 102 No. 1 (2018) | Forensic FailBig changes are occurring in forensic science, particularly among experts who compare the patterns found in fingerprints, footwear impressions, toolmarks, handwriting, and the like. Forensic examiners are reaching conclusions in […]
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Competing notions of crime and punishment have shaped the administration of criminal justice in the United States ever since the Quakers established the Walnut Street Prison in 1773 in Philadelphia, […]
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Criminal trials have virtually disappeared in many federal courtrooms. According to a recent U.S. Sentencing Commission report, “[i]n recent years, 97 percent of federal defendants convicted of a felony or […]
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My title is “The Emergence of the American Constitutional Law Tradition,” and what I want us to think about today is the process by which American constitutional law came to […]
