State Courts

Courts Must Lead in the Crisis of Addiction

by Loretta H. Rush and Deborah Taylor Tate

Spring 2020 | Volume 104 Number 1

Last year, more Americans died of opioid overdoses than of many cancers, gunshot wounds, or even car crashes. In fact, by at least one metric, the epidemic is more dire Continue Reading »

Connecticut Court House

Sitting on the Bench: My Adventures in a Connecticut Court

by Carl J. Schuman

Spring 2020 | Volume 104 Number 1

Fellow judges, I highly recommend keeping a diary of your daily adventures in the courthouse. It would be hard to make up stories that are better than the reality of Continue Reading »

preparing for a pandemic

Preparing Courts for a Pandemic

by William Raftery

Spring 2020 | Volume 104 Number 1

As the coronavirus emerged around the globe early this year, it quickly began to affect every facet of society and government, including state courts. Unlike in prior instances of mass Continue Reading »

Judging Eyewitness Evidence

by Brandon Garrett

Spring 2020 | Volume 104 Number 1

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 Continue Reading »

Distinguishing Between Reliable and Unreliable Eyewitnesses

by Chad S. Dodson

Spring 2020 | Volume 104 Number 1

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 Continue Reading »

The Creation and Conclusions of the Third Circuit Task Force on Eyewitness Identifications

by Theodore McKee

Spring 2020 | Volume 104 Number 1

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 Continue Reading »

A Clearer View: The Impact of the National Academy of Sciences Report on Eyewitness Identification

by Thomas D. Albright and Jed S. Rakoff

Spring 2020 | Volume 104 Number 1

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 Continue Reading »

Assessing Risk: The Use of Risk Assessment in Sentencing

by Brandon Garrett and John Monahan

Summer 2019 | Volume 103 Number 2

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, Continue Reading »

Boxed In: Does the Prospect of Re-Selection Influence Judicial Decision Making?

by Ann A. Scott Timmer

Fall 2019 | Volume 103 Number 3

When Justice Ann A. Scott Timmer was given the opportunity to write on a topic of her choosing as part of Duke Law’s Master of Judicial Studies program, she gravitated Continue Reading »

Distracted Driving

The Cars of the Future are Headed to Your Courtroom

by The National Center for State Courts

Fall 2019 | Volume 103 Number 3

Distracted and intoxicated driving are costly problems. And while emerging technologies aim to help reduce traffic accidents caused by human error, technology may also increase the number of accidents. For Continue Reading »