State Courts

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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Self driving car going down the road

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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Judge Ryan photo

A Hero’s Life: Michael D. Ryan, Associate Justice, Supreme Court of Arizona

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Winter 2017 | Volume 101 Number 4

A war hero. A respected jurist. A humble servant. A mentor. A friend. A beloved husband, father, and grandfather. All these tags fit Michael D. Ryan, a former associate justice […]

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The Twilight Zone

The Twilight Zone

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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 […]

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

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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 […]

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Reclaiming the Role of Lawyers as Community Connectors

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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 […]

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