Feature

, , ,

Distinguishing Between Reliable and Unreliable Eyewitnesses

by

Vol. 104 No. 1 (2020) | A Clearer View

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 […]

Read More »

, , ,

The Creation and Conclusions of the Third Circuit Task Force on Eyewitness Identifications

by

Vol. 104 No. 1 (2020) | A Clearer View

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 […]

Read More »

, , ,

A Clearer View: The Impact of the National Academy of Sciences Report on Eyewitness Identification

by and

Vol. 104 No. 1 (2020) | A Clearer View

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 […]

Read More »

, , , ,

Assessing Risk: The Use of Risk Assessment in Sentencing

by and

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, […]

Read More »

jHealth ,

JHEALTH: How the Tenth Circuit is Improving the Health and Performance of Federal Judges

by , and

Vol. 102 No. 1 (2018) | Forensic Fail

Being 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 […]

Read More »

Skene ,

Up to the Courts: Managing Forensic Testimony with Limited Scientific Validity

by

Vol. 102 No. 1 (2018) | Forensic Fail

U.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 […]

Read More »

Koehler

How Trial Judges Should Think About Forensic Science Evidence

by

Vol. 102 No. 1 (2018) | Forensic Fail

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 […]

Read More »

After Uniqueness: The Evolution of Forensic Science Opinions , ,

After Uniqueness: The Evolution of Forensic-Science Opinions

by , and

Vol. 102 No. 1 (2018) | Forensic Fail

Big 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 […]

Read More »

A bridge too far

A bridge too far? An expert panel examines the promise and peril of third-party litigation financing

by , , , , and

Vol. 103 No. 3 (2019) | Fees, Fines, and Bail

Third-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 […]

Read More »

,

Boxed In: Does the Prospect of Re-Selection Influence Judicial Decision Making?

by

Vol. 103 No. 3 (2019) | Fees, Fines, and Bail

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 […]

Read More »