State Courts
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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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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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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 […]
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Assessing Risk: The Use of Risk Assessment in Sentencing
by Brandon Garrett and John Monahan
Vol. 103 No. 2 (2019) | Pay NCAA athletes?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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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 […]
Briefs
The Cars of the Future are Headed to Your Courtroom
by The National Center for State Courts
Vol. 103 No. 3 (2019) | Fees, Fines, and BailDistracted 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 […]
The Storied Third Branch
A Hero’s Life: Michael D. Ryan, Associate Justice, Supreme Court of Arizona
Vol. 101 No. 4 (2017) | Equal opportunity?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
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 […]