State Courts

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 »

The Twilight Zone

The Twilight Zone

by Nathan Hecht

Fall 2019 | Volume 103 Number 3

The television drama The Twilight Zone portrayed characters in disturbing situations set in the murky area between reality and the dark unknown. Most episodes had a moral. Here’s my thought for Continue Reading »

Lawyers, the Legal Profession & Access to Justice in the United States: A Brief History

by Robert W. Gordon

Fall 2019 | Volume 103 Number 3

In no profession is the gulf greater between ideals and practices than it is for lawyers. Ideally, justice is a universal good: the law protects equally the rights of the Continue Reading »

Reclaiming the Role of Lawyers as Community Connectors

by David F. Levi, Dana Remus and Abigail Frisch

Fall 2019 | Volume 103 Number 3

For many years, there has been a serious debate about the legal profession’s exclusive role in the market for legal representation. The debate has focused on how that role factors Continue Reading »

The Process Due: The American Academy of Arts and Sciences offers a multidisciplinary examination of the devastating and persistent crisis in legal services

by John Tessitore

Fall 2019 | Volume 103 Number 3

Earlier this year, the American Academy of Arts and Sciences dedicated an issue of Dædelus, its quarterly scholarly journal, entirely to the topic of “Access to Justice.” Fittingly, it was Continue Reading »