Criminal Law
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Distinguishing Between Reliable and Unreliable Eyewitnesses
Vol. 104 No. 1 (2020) | A Clearer ViewIncreasing 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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Judging Eyewitness Evidence
Vol. 104 No. 1 (2020) | A Clearer ViewEyewitness 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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A Clearer View: The Impact of the National Academy of Sciences Report on Eyewitness Identification
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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Up to the Courts: Managing Forensic Testimony with Limited Scientific Validity
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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How Trial Judges Should Think About Forensic Science Evidence
Vol. 102 No. 1 (2018) | Forensic FailHere 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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After Uniqueness: The Evolution of Forensic-Science Opinions
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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Can Federal Sentencing Remain Transparent?
Vol. 103 No. 1 (2019) | Navigating Rough SeasCriminal 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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The Emergence of the American Constitutional Law Tradition
Vol. 103 No. 1 (2019) | Navigating Rough SeasMy 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 […]
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Assessing Risk: The Use of Risk Assessment in Sentencing
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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Conversations of a Lifetime: The Power of the Sentencing Colloquy and How to Make It Matter
Vol. 103 No. 2 (2019) | Pay NCAA athletes?In recent years, there has been increased attention on sentencing, and particularly sentencing disparities. The thrust and focus of this attention have been on the statistics of sentencing and reforms, […]