State Courts
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Sitting on the Bench: My Adventures in a Connecticut Court
Vol. 104 No. 1 (2020) | A Clearer ViewFellow 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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The Creation and Conclusions of the Third Circuit Task Force on Eyewitness Identifications
Vol. 104 No. 1 (2020) | A Clearer ViewIn 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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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 […]
Briefs
Preparing Courts for a Pandemic
Vol. 104 No. 1 (2020) | A Clearer ViewAs 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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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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Boxed In: Does the Prospect of Re-Selection Influence Judicial Decision Making?
Vol. 103 No. 3 (2019) | Fees, Fines, and BailWhen 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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The Twilight Zone
by Nathan Hecht
Vol. 103 No. 3 (2019) | Fees, Fines, and BailThe 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
Vol. 103 No. 3 (2019) | Fees, Fines, and BailIn 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 […]