State Courts

Courts Must Lead in the Crisis of Addiction

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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 […]

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Connecticut Court House

Sitting on the Bench: My Adventures in a Connecticut Court

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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 […]

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preparing for a pandemic

Preparing Courts for a Pandemic

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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 […]

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Judging Eyewitness Evidence

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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 […]

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Distinguishing Between Reliable and Unreliable Eyewitnesses

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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 […]

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

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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 […]

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

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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 […]

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Assessing Risk: The Use of Risk Assessment in Sentencing

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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, […]

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

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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 […]

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Distracted Driving

The Cars of the Future are Headed to Your Courtroom

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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 […]

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