| Author | Title | Citation | Summary | Year |
| Janis C. Puracal , Forensic Justice Project, Portland, Oregon, 503-664-3641, Email jpuracal@forensicjusticeproject.org, Website www.forensicjusticeproject.org, Twitter @ForensicJustice |
THE ROLE OF IMPLICIT RACIAL BIAS IN FORENSIC TESTIMONY |
45-JUL Champion 26 (July, 2021) |
Since the murders of George Floyd and Breonna Taylor, conversations around racial bias in the criminal justice system have accelerated. Much of the focus has turned to police reform. The potential for racial bias, however, does not end with the initial stop, search, and arrest. Rather, it can be found throughout the criminal justice system, and... |
2021 |
| Wendy R. Calaway , Jennifer M. Kinsley , Taylor Wadian |
THE ROLE OF JUDICIAL POLITICAL AFFILIATION IN CRIMINAL SENTENCING OUTCOMES |
66 Wayne Law Review 347 (Winter, 2021) |
Abstract. 347 I. Introduction. 348 II. Judicial Roles in Sentencing. 351 A. Judicial Selection Models. 351 1. Appointment. 352 2. Retention. 353 3. Election. 354 B. The Changing Role of Judicial Discretion in Sentencing. 355 1. Historical Indeterminate Sentencing Models. 356 2. The Determinate Truth in Sentencing Movement. 356 3. Modern Guided... |
2021 |
| James Naughton |
THE SCHOOL FOIA PROJECT: UNCOVERING RACIAL DISPARITIES IN SCHOOL DISCIPLINE AND HOW TO RESPOND |
52 Loyola University Chicago Law Journal 1045 (Summer, 2021) |
Since 1984, Illinois has had a Freedom of Information Act law on the books that allows anyone--including educational advocates--to request public records. This creates a useful avenue to access and review records for any public entity, including public school districts. This Article proposes that FOIA creates a powerful pathway for educational... |
2021 |
| Larry J. Pittman |
THE THIRTEENTH AMENDMENT AND EQUAL PROTECTION: A STRUCTURAL INTERPRETATION TO "FREE" THE AMENDMENT |
27 William and Mary Journal of Race, Gender, and Social Justice 461 (Winter, 2021) |
The hope is that the Court will one day hold that the Thirteenth Amendment has its own equal protection clause or component and that strict scrutiny will not be used for benign racial classifications designed to eradicate current badges and incidents of slavery. This Article critiques the Court's decision in the Civil Rights Cases regarding the... |
2021 |
| Michele Goodwin , Erwin Chemerinsky |
THE TRUMP ADMINISTRATION: IMMIGRATION, RACISM, AND COVID-19 |
169 University of Pennsylvania Law Review 313 (January, 2021) |
Two of the most important issues defining the Trump Administration were the President's response to the COVID-19 pandemic and the Administration's dealing with immigration issues. These have been regarded, in the popular press and in the scholarly literature, as unrelated. But there is a key common feature in the Trump Administration's response:... |
2021 |
| Beth Caldwell |
THE TWICE DIMINISHED CULPABILITY OF JUVENILE ACCOMPLICES TO FELONY MURDER |
11 UC Irvine Law Review 905 (April, 2021) |
Introduction. 906 I. The Felony Murder Doctrine and Accomplice Liability. 913 A. Background Regarding Felony Murder. 913 B. Accomplice Liability for Felony Murder. 917 II. The Diminished Culpability of Youth in Adult Court. 918 A. The Supreme Court & Adolescent Development. 918 B. Adolescent Brain Development & Felony Murder. 920 III. Recognizing... |
2021 |
| Tricia N. Stephens , Colleen Cary Katz , Caterina Pisciotta , Vicki Lens , Corresponding: ts42@hunter.cuny.edu |
THE VIEW FROM THE OTHER SIDE: HOW PARENTS AND THEIR REPRESENTATIVES VIEW FAMILY COURT |
59 Family Court Review 491 (July, 2021) |
This qualitative study brings together the voices of parents and their representatives, including attorneys, social workers and parent advocates, to understand the lived experiences of child welfare involved parents as they navigate Family Court, and how to improve it. The findings suggest that these courts are difficult to navigate for both... |
2021 |
| Benjamin Justice , Tracey L. Meares |
THE WOLF WE FEED: DEMOCRACY, CASTE, AND LEGITIMACY |
119 Michigan Law Review Online 95 (May, 2021) |
Legal authority rests on enactment; its pure type is best represented by bureaucracy. The basic idea is that laws can be enacted and changed at pleasure by formally correct procedure. The governing body is either elected or appointed and constitutes as a whole and in all its sections rational organizations .. Obedience is not owed to anybody... |
2021 |
| Kimberly Saltz |
THINKING OUTSIDE OF THE BOX: ETHICAL IMPLICATIONS OF THE UNFORESEEN BACKFIRE OF BAN THE BOX POLICIES |
34 Georgetown Journal of Legal Ethics 1301 (Fall, 2021) |
As early as the 1990s, criminal justice reform advocates have called for banning the box in reference to the check box on most job applications asking applicants if they have a criminal history. Having a criminal history greatly decreases the number of interviews and job offers a candidate receives. This reduces their ability to find employment,... |
2021 |
| Kristine Hamann |
TIME FOR ACTION |
36-SPG Criminal Justice 17 (Spring, 2021) |
The killing of George Floyd by police was a tragic and disturbing event that is a call to action for those in the criminal justice system. As protests and outrage have surfaced in almost every corner of our nation and worldwide, the injustice and inequality in our society are receiving increased scrutiny and study. It is clear that we must all do... |
2021 |
| Kyle C. Velte |
TOWARD A TOUCHSTONE THEORY OF ANTI-RACISM: SEX DISCRIMINATION LAW MEETS #LIVINGWHILEBLACK |
33 Yale Journal of Law & Feminism 119 (2021) |
Abstract: White supremacy and anti-Black racism continue their pervasive and destructive paths in contemporary American society. From the murder of George Floyd to the daily exclusions of Black bodies from white spaces, the nation's failure to right the wrongs of chattel slavery and racism continues to be highlighted in stark relief. This article... |
2021 |
| Jordan Blair Woods |
TRAFFIC WITHOUT THE POLICE |
73 Stanford Law Review 1471 (June, 2021) |
Abstract. We are at a watershed moment in which growing national protest and public outcry over police injustice and brutality, especially against people of color, are animating new meanings of public safety and new proposals for structural police reforms. Traffic stops are the most frequent interaction between police and civilians today, and they... |
2021 |
| E. Christi Cunningham |
TRAUMATIZED SYSTEMS THEORY: ACCOUNTABILITY FOR RECURRENT SYSTEMIC HARM |
71 Case Western Reserve Law Review 987 (Spring, 2021) |
C1-2Contents Introduction. 988 I. Recurrent Systemic Harm. 991 A. Defining Systems. 991 B. Examples of Recurrent Systemic Harm. 995 1. Corporate Risk-Taking. 995 2. Systemic Racism. 996 3. Artificial Intelligence. 997 II. Trauma and Trauma Response. 998 A. Trauma. 998 B. Perpetrator Trauma: Trauma to Those who Inflict Trauma. 1002 C. Trauma... |
2021 |
| T. Markus Funk, Ph.D. |
UNDERSTANDING THE ROLE VALUES PLAY (AND SHOULD PLAY) IN SELF-DEFENSE LAW |
58 American Criminal Law Review 331 (Spring, 2021) |
Introduction. 332 I. The Scholarly Community's Surprising Neglect of Values as Self-Defense Decision-Grounds. 333 II. Setting the Analytical Stage. 339 A. The German Fruit Thief. 342 B. Controversial Contemporary Cases. 345 III. Advancing the Debate Through a More Value-Centric Dialogue--Introducing the Seven Decision-Grounds. 349 A. Value #1:... |
2021 |
| Kristen Underhill, Olatunde C.A. Johnson |
VACCINATION EQUITY BY DESIGN |
131 Yale Law Journal Forum 53 (September 18, 2021) |
abstract. This Essay examines how states' initial COVID-19 vaccine-distribution strategies tended to disadvantage populations of color, including Black, Latinx, and Native American communities. These dynamics resonate with inverse equity effects of other public-health innovations. We argue for a federal regulatory framework to reduce... |
2021 |
| Ana Santos Rutschman |
VACCINE CLINICAL TRIALS AND DATA INFRASTRUCTURE |
2021 Utah Law Review 771 (2021) |
We find ourselves at a momentous turn in the history of vaccines. The COVID-19 pandemic triggered a quasi-global vaccine race that not only compressed vaccine research and development timelines, but also paved the way for the administration of a new type of vaccine technology--mRNA vaccines, which work in substantially different ways from the... |
2021 |
| Amy F. Kimpel |
VIOLENT VIDEOS: CRIMINAL DEFENSE IN A DIGITAL AGE |
37 Georgia State University Law Review 305 (Winter, 2021) |
Digital video evidence has exploded into criminal practice with far-reaching consequences for criminal defendants, their attorneys, and the criminal legal system as a whole. Defense attorneys now receive police body-worn camera footage, surveillance video footage, and cell phone video footage in discovery in even the most routine criminal cases.... |
2021 |
| Kate E. Bloch |
VIRTUAL REALITY: PROSPECTIVE CATALYST FOR RESTORATIVE JUSTICE |
58 American Criminal Law Review 285 (Spring, 2021) |
A 2018 U.S. Department of Justice report assessing data from thirty states found that eighty-three percent of those individuals released from state prisons in 2005 were rearrested within nine years. When a revolving door ushers five of six individuals back into custody and decimates communities, more effective approaches to criminal justice demand... |
2021 |
| The Honorable Anita S. Earls |
VOICES FOR JUSTICE |
43 Campbell Law Review 165 (2021) |
The articles and essays in this volume are precisely the kind of scholarship that is required to give voice to the experiences of Black and Brown people in North Carolina and more broadly around the country, experiences that otherwise remain largely invisible. Indeed, as Professor Njeri Rutledge eloquently explains here, sometimes the racialized... |
2021 |
| Arline T. Geronimus, ScD |
WEATHERING THE PANDEMIC: DYING OLD AT A YOUNG AGE FROM PRE-EXISTING RACIST CONDITIONS |
27 Washington and Lee Journal of Civil Rights and Social Justice 409 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 410 A. What Is Weathering from a Biological Mechanistic Perspective?. 413 B. Weathering Populations and the Pandemic. 425 II. Distinction Between the Constructs of Weathering vs. Pre-Existing Medical Conditions. 430 A. Legal Applications of Weathering Knowledge in the Pandemic. 435 III. Conclusion. 440 |
2021 |
| Danielle L. Macedo |
WHAT KIND OF JUSTICE IS THIS? OVERBROAD JUDICIAL DISCRETION AND IMPLICIT BIAS IN THE AMERICAN CRIMINAL JUSTICE SYSTEM |
24 Journal of Gender, Race and Justice 43 (Spring, 2021) |
I.Introduction. 44 II.Black American History and the Criminal Justice System: Setting the Stage. 48 A. Before the Civil Rights Movement: Explicit Bias in America. 51 B. The Civil Rights Movement and Beyond: Implicit Bias in America. 55 C. Black Lives Matter. 59 D. The Fight for Racial Equality Continues. 63 III.Criminal Sentencing Procedure and... |
2021 |
| Professor Elayne E. Greenberg |
WHEN PUBLIC DEFENDERS AND PROSECUTORS PLEA BARGAIN RACE--A MORE TRUTHFUL NARRATIVE |
47 Ohio Northern University Law Review 605 (2021) |
Change will not come if we wait for some other person or some other time. We are the ones we've been waiting for. We are the change that we seek. Barack Obama This paper challenges prevailing stereotypes about public defenders and prosecutors and updates those stereotypes with a more accurate narrative about how reform-minded public defenders and... |
2021 |
| Kevin Drakulich , Kevin H. Wozniak , John Hagan , Devon Johnson |
WHOSE LIVES MATTERED? HOW WHITE AND BLACK AMERICANS FELT ABOUT BLACK LIVES MATTER IN 2016 |
55 Law and Society Review 227 (June, 2021) |
White Americans, on average, do not support Black Lives Matter, while Black Americans generally express strong support. The lack of support among white Americans is striking, and we argue that it matters why this racial gap exists. Using a nationally representative survey collected during the crest of the first wave of widespread attention to the... |
2021 |
| Sybil Dunlop, Jenny Gassman-Pines |
WHY THE LEGAL PROFESSION IS THE NATION'S LEAST DIVERSE (AND HOW TO FIX IT) |
47 Mitchell Hamline Law Review 129 (February, 2021) |
I. Introduction. 129 II. Why Does It Matter?. 133 A. The Legitimacy of Our Judicial System Depends on Diversity. 133 B. Diverse Teams Generate Better Outcomes. 134 C. Non-Diverse Organizations Increasingly Face Censure. 136 III. Methods. 137 IV. Why Is The Legal Profession Struggling?. 139 V. Explicit Racism & Sexism. 140 VI. Implicit Bias. 141 A.... |
2021 |
| Michele Goodwin |
WOMEN ON THE FRONTLINES |
106 Cornell Law Review 851 (May, 2021) |
This Article takes aim at the troubling and persistent disempowerment and invisibility of women generally, and particularly marginalized women of color even one hundred years after the ratification of the Nineteenth Amendment. It observes how the persistence of sexism, toxically combined with racism, impedes full political, economic, and social... |
2021 |
| Tasnim Motala |
WORDS STILL WOUND: IIED & EVOLVING ATTITUDES TOWARD RACIST SPEECH |
56 Harvard Civil Rights-Civil Liberties Law Review 115 (Winter, 2021) |
C1-3Table of Contents R1-2Introduction . L3116 I. Racial Insults: A Harm Without a Remedy. 119 A. Dignitary Harms. 120 B. Psychological Harms. 122 C. Societal Harms. 125 II. Responses to Racial Insults. 126 A. Societal Responses to Racial Insults. 126 B. Legal Responses to Racial Insults. 130 1. Human Rights Commissions. 130 2. Criminal Law. 132... |
2021 |
| Merle H. Weiner |
YOU CAN AND YOU SHOULD: HOW JUDGES CAN APPLY THE HAGUE ABDUCTION CONVENTION TO PROTECT VICTIMS OF DOMESTIC VIOLENCE |
28 UCLA Women's Law Journal 223 (Summer, 2021) |
C1-2Table of Contents Introduction. 224 I. Judges Often Feel Conflicted When Adjudicating a Hague Convention Case Involving Domestic Violence. 231 A. Domestic Violence Is Not Expressly Relevant to the Hague Convention. 233 B. Return of a Child Can Harm the Child, the Taking Parent, and Other Survivors. 236 C. It's Up to Judges to Reach Just Results... |
2021 |
| Emily Haney-Caron, JD, PhD, Erika Fountain, PhD |
YOUNG, BLACK, AND WRONGFULLY CHARGED: A CUMULATIVE DISADVANTAGE FRAMEWORK |
125 Dickinson Law Review 653 (Spring, 2021) |
The term wrongful conviction typically refers to the conviction or adjudication of individuals who are factually innocent. Decades of research has rightfully focused on uncovering contributing factors of convictions of factually innocent people to inform policy and practice. However, in this paper we expand our conceptualization of wrongful... |
2021 |
| Nicole Pijon |
YOUTH IN ADULT COURT: RETHINKING ILLINOIS' USE OF DISCRETIONARY TRANSFER |
41 Children's Legal Rights Journal 135 (2021) |
Our state, home of the country's first juvenile court and once a leader in juvenile justice reform, should not be a place where we boast of locking up juveniles and throwing away the key. Illinois should be a place where youth matters .. --Justice Mary J. Theis In 1899--well over a century ago--Illinois laid a cornerstone for juvenile justice... |
2021 |
| Annie Sloan |
"WHAT TO DO ABOUT BATSON?": USING A COURT RULE TO ADDRESS IMPLICIT BIAS IN JURY SELECTION |
108 California Law Review 233 (February, 2020) |
In Batson v. Kentucky, 476 U.S. 79 (1986), the U.S. Supreme Court attempted to eliminate racial discrimination in jury selection by prohibiting the use of peremptory challenges to intentionally strike prospective jurors based on their race. Today, more than thirty years later, Batson's now-familiar three-part framework is widely considered to be a... |
2020 |
| Ted A. Donner, J.D., Richard K. Gabriel |
§ 32:1.Significance of questions concerning racial bias |
Jury Selection Strategy and Science § 32:1 (2020) |
There is a difference between racism on the part of attorneys and racial bias among jurors. As Justice Kennedy found in his concurring opinion in J.E.B. v. Alabama: We do not prohibit racial and gender bias in jury selection only to encourage it in jury deliberations. Once seated, a juror should not give free rein to race or gender bias of his or... |
2020 |
| Ted A. Donner, J.D., Richard K. Gabriel |
§ 32:2.Questioning about Gender Bias |
Jury Selection Strategy and Science § 32:2 (2020) |
Gender bias, like racism, plays a problematic role in any group dynamic. But, unlike racism, the idea that men and women are different" remains an idea which many embrace and which thus still maintains a foothold both in life experience and in the academic literature. However biased such views may be |
2020 |
| Roger Park, Tom Lininger |
§ 6.2 IDEOLOGICAL BIAS |
Aspen Publishers § 6.2 (2020) |
The term ideological bias refers to general ideas and preconceptions that might cause a witness to favor or disfavor a party. The crucial question is whether general ideological bias manifests itself in aversion or sympathy with respect to a particular party. Perhaps the plainest example of bias is racism. A witness who generally harbors enmity... |
2020 |
| Lisa Blue, Ph.D., J.D. and , Robert B. Hirschhorn, J.D. |
Appendix K. Peremptory Challenges and Implicit Bias: Inherent Conflicts in How the Justice System Struggles With Racism |
Blue's Guide to Jury Selection APP K (2020) |
In August, 2016, a New York Supreme Court considered whether Time Warner should be allowed to request footage from investigations conducted by the New York City Police Department. Their stated goal was to discover how pervasive racial bias was within the department and its impact on the ways in which investigations were being conducted: Video... |
2020 |
| Candace White |
BIAS AND GUILT BEFORE INNOCENCE: HOW THE AMERICAN CIVIL LIBERTIES UNION SEEKS TO REFORM A SYSTEM THAT PENALIZES INDIGENT DEFENDANTS |
83 Albany Law Review 657 (2019-2020) |
For decades, the United States has debated the concept of a money-bail system, which has been documented to disenfranchise individuals of lower socioeconomic statuses. Because the accused's financial status is often not assessed during bail and arraignment hearings, judges often set bail in excess of the defendant's financial means. As a result,... |
2020 |
| Brooks Holland |
CONFRONTING THE BIAS DICHOTOMY IN JURY SELECTION |
81 Louisiana Law Review 165 (Fall, 2020) |
C1-3Table of Contents Introduction. 166 I. The Bias Dichotomy. 174 II. The Failed Batson Solution. 186 III. A Cautious Defense of the Peremptory Challenge. 194 IV. Confronting the Bias Dichotomy . Again: Washington GR 37. 204 Conclusion: Looking Forward. 213 |
2020 |
| Jonathan Cardi , Valerie P. Hans , Gregory Parks |
DO BLACK INJURIES MATTER?: IMPLICIT BIAS AND JURY DECISION MAKING IN TORT CASES |
93 Southern California Law Review 507 (March, 2020) |
They say that black lives matter, but how much relative to white lives? Political activists and legal theorists have debated whether the injuries suffered by African Americans are devalued relative to the injuries of whites. This study is one of the first comprehensive experimental examinations of how race affects judgments of tort injuries. We... |
2020 |
| Frank Harty, Haley Hermanson |
IMPLICIT BIAS EVIDENCE: A COMPENDIUM OF CASES AND ADMISSIBILITY MODEL |
68 Drake Law Review 1 (2020) |
Implicit bias theory suggests a person's thoughts and actions are influenced by subconscious racist tendencies. While this is hardly a novel concept, its popularity and celebrity have skyrocketed in recent years--attributable in no small part to the so-called Implicit Association Test (IAT) which is available online. Scholars and scientists have... |
2020 |
| Charles R. Lawrence III |
IMPLICIT BIAS IN THE AGE OF TRUMP: BIASED: UNCOVERING THE HIDDEN PREJUDICE THAT SHAPES WHAT WE SEE, THINK, AND DO. BY JENNIFER L. EBERHARDT. NEW YORK, N.Y.: VIKING. 2019. PP. 340. $28.00 |
133 Harvard Law Review 2304 (May, 2020) |
We inhabit a nomos--a normative universe. We constantly create and maintain a world of right and wrong, of lawful and unlawful, of valid and void. No set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. --Robert Cover I am watching a video of Donald Trump, the forty-fifth President of the... |
2020 |
| Marcus Lind-Martinez |
LATINIDAD, WHITE SUPREMACY, AND REFORMING FIRST-YEAR MOOT COURT COMPETITIONS TO CONFRONT RACIAL AND ETHNIC BIAS |
23 Harvard Latinx Law Review 125 (Spring, 2020) |
I. Framing the Moot Court Experience with Narrative. 125 II. Critical Analysis of First-Year Moot Court Competitions. 128 A. The Brief. 129 B. May it Please the Court. 131 C. Your Honor. 133 D. Ridiculous. 135 III. Reflections on the First-Year Curriculum. 138 A. Building Cultural Competency and Empathy. 138 B. Developing Anti-Racist Methods... |
2020 |
| Walter I. Gonçalves, Jr. |
NARRATIVE, CULTURE, AND INDIVIDUATION: A CRIMINAL DEFENSE LAWYER'S RACE-CONSCIOUS APPROACH TO REDUCE IMPLICIT BIAS FOR LATINXS |
18 Seattle Journal for Social Justice 333 (Spring, 2020) |
When a criminal defense attorney is assigned a case and shows up at the first court appearance, more often than not the client will be of color. Depending on the region, the client has a greater chance of being African American, Latinx, or Native American compared to white. This is true for most federal district courts in the United States. To make... |
2020 |
| Irene Oritseweyinmi Joe |
REGULATING IMPLICIT BIAS IN THE FEDERAL CRIMINAL PROCESS |
108 California Law Review 965 (June, 2020) |
Like other supervisory lawyers, federal judges have twin responsibilities. They must comport with ethical and professional rules that govern their own behavior while simultaneously monitoring other attorneys to ensure they are not violating similarly controlling rules. The judicial robe, however, adds an extra dimension of responsibility in the... |
2020 |
| Christine Kumar |
THE AUTOMATED TIPSTER: HOW IMPLICIT BIAS TURNS SUSPICION ALGORITHMS INTO BBQ BECKYS |
72 Federal Communications Law Journal 97 (May, 2020) |
C1-3Table of Contents I. Introduction. 98 II. The Wrongful Mobilization of the Police: How Implicit Bias in Humans and Technologies can Influence Policing. 101 A. Implicit Bias in Human and Police Interactions. 102 B. Big Data, Machine Learning and the Police. 104 III. Legal Mechanisms that can Protect Against Implicit Bias in Police-Used Machine... |
2020 |
| Hon. Pamela J. White |
THIRTY YEARS LATER: RECALLING THE GENDER BIAS REPORT AND ASKING "WHAT'S NEXT?" IN THE LEGAL PROFESSION |
80 Maryland Law Review Online 13 (2020) |
The front-page newspaper headlines on May 4, 1989 were jolting to read: Sex Bias Pervades Md. Courts, Panel Finds: Discrimination Reported by Litigants, Judicial Candidates Alike; Sex bias in courts found to hurt women the most,; Gender Bias Is Widespread in Md. Courts, Study Finds: Committee Urges End to Sex Discrimination; Study finds... |
2020 |
| Molly Griffard |
A Bias-free Predictive Policing Tool?: an Evaluation of the Nypd's Patternizr |
47 Fordham Urban Law Journal 43 (December, 2019) |
Introduction. 44 I. Background on Predictive Policing. 46 A. A Short History of Predictive Policing. 47 B. Critiques of Predictive Policing and Actuarial Justice. 49 i. Racial Biases. 49 ii. Unchecked Error: Data, Social Science, and Cognitive Biases. 52 1. Data Entry Errors. 53 2. Flawed Social Science. 53 3. Cognitive Biases. 54 iii.... |
2019 |
| Cynthia M. Ho |
A Dangerous Concoction: Pharmaceutical Marketing, Cognitive Biases, and First Amendment Overprotection |
94 Indiana Law Journal 773 (Summer, 2019) |
This Article argues that pharmaceutical marketing to doctors should be more critically evaluated and entitled to less First Amendment protection, contrary to a trend dating back to the Supreme Court's 2011 decision in Sorrell. In particular, the Article argues that more information to doctors in the form of pharmaceutical marketing does not... |
2019 |
| Alisa Micu |
Addressing Racial Bias in the Jury System: Another Failed Attempt? |
35 Georgia State University Law Review 843 (Spring, 2019) |
A long-standing rule of evidence, Rule 606(b), also referred to as the no-impeachment rule, establishes that testimony of jurors regarding events in deliberations cannot be used to question the validity of a verdict. Courts have held that the no-impeachment rule is the general tenet governing the use of juror testimony when a defendant seeks a new... |
2019 |
| Joseph J. Avery |
An Uneasy Dance with Data: Racial Bias in Criminal Law |
93 Southern California Law Review Postscript 28 (June, 2019) |
Businesses and organizations expect their managers to use data science to improve and even optimize decisionmaking. The founder of the largest hedge fund in the world has argued that nearly everything important going on in an organization should be captured as data. Similar beliefs have permeated medicine. A team of researchers has taken over 100... |
2019 |
| The Honorable Bernice B. Donald, Sarah Redfield |
Arcing Toward Justice |
34-SUM Criminal Justice 18 (Summer, 2019) |
Author's Note: This article is rich in citation, much referencing statistics or science journals. To keep it more readable, we have deviated from our usual citation approach and used a + symbol to indicate that further citation detail is available. Anyone wanting full citations or further background should reach out to Professor Redfield at... |
2019 |
| Avani Mehta Sood |
Attempted Justice: Misunderstanding and Bias in Psychological Constructions of Criminal Attempt |
71 Stanford Law Review 593 (March, 2019) |
Abstract. How do jurors construe and apply facts and law to decide the point at which a defendant's thoughts and actions cross the line from being legally innocent to criminal? And under what doctrinal circumstances are such lay constructions of criminality vulnerable to legal misunderstanding and bias? Although these are high-stakes questions, the... |
2019 |