Court Administration, State Courts, Federal Courts, Criminal Law
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 […]
Court Administration, State Courts, Federal Courts, Criminal Law
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 […]
Technology, State Courts, Federal Courts, Criminal Law
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 […]
Court Administration, Technology, State Courts, Federal Courts, Criminal Law
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, […]
Judging, Law & Culture
by Timothy D. DeGiusti, Marcia S. Krieger and Michael H. Gendel
Vol. 102 No. 1 (2018) | Forensic FailBeing a judge offers many benefits — prestige, intellectual stimulation, autonomy, and the opportunity to provide a community service. But the simple fact is that being a judge does not […]
Technology, Criminal Law
by Pat Skene
Vol. 102 No. 1 (2018) | Forensic FailU.S. District Court Judge Jed Rakoff of the Southern District of New York tells the story of a firearms and toolmark examiner who appeared before him in 2008, proposing to […]
Criminal Law
Here is a forensic-science test for you. Please answer each of the three questions below True or False. Scientific tests conducted over the past 100 years have repeatedly demonstrated that […]
State Courts, Federal Courts, Criminal Law
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 […]
Federal Courts
by Christopher A. Seeger, Ernest J. Getto, Samuel Issacharoff, Amy St. Eve, David W. Ichel and John H. Beisner
Vol. 103 No. 3 (2019) | Fees, Fines, and BailThird-party litigation finance has captured the attention of litigants, the courts, and the academy across the globe. It has the potential to substantially impact civil litigation as we know it […]
Rule of Law, State Courts
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 […]
