“He Fit The Profile” Is Problematic Trial Proof

We profile people all the time – not necessarily in the pernicious way that is condemned for stops and searches, but in using a person’s character or behavioral patterns as a proxy to estimate how they would conduct themselves in a particular situation.  It is a form of “fast” thinking, an intuitive response that leads

RACE, JURORS AND EYEWITNESSES

Identifying individuals from one’s own ‘group’ is easier than identifying someone from outside the ‘group.’  If you were to stop me and say “but that’s obvious, it’s always easier to identify people you already know than identifying a stranger” I’d have to respond that “you mis-read what I wrote.  ‘Group’ does not mean ‘friends’ or

Bias, Dogs, and “I’m Sorry”

  We are often told that “justice is color blind.  But research continues to expose the fallacy of this contention, particularly when it comes to subconscious bias.  And where must we worry about bias as affecting judgment?  Consider these two statements: 1. “A [drug detection] dog’s… reliability is established for the purpose of admitting the

Reducing Judicial Crime-Severity Bias In Motion Decision-making

It will come as no surprise that judges are not automatons, oblivious to emotion or extraneous information when making decisions.  To the contrary, the literature is  filled with examples, such as the increase in sentences (particularly for black youth) if the judge’s football team lost the previous weekend.   https://www.thecut.com/2016/09/judges-give-harsh-sentences-when-their-football-team-loses.html So one question is whether judges

THE INNOCENCE PROJECT TURNS 25 – AND CHANGED THE WORLD OF EYEWITNESS IDENTIFICATION

On Friday, November 17 the Cardozo School of Law presented a conference titled “25 Years of the Innocence Project: Impact on Law, Policy and the Courts.”  This author discussed eyewitness testimony and the IP’s impact on reducing the risk of erroneous identification convictions.  The below summarize the views that were offered.     The phenomenon

BAD LAWYERING: A FEW “BAD APPLES” OR A SYSTEMS FAILURE?

Two recent reports confirmed what experience has shown.  Bad lawyering in criminal cases is to be blamed not merely on individual attorneys – the proverbial “few bad apples” –  but on a systemic tolerance of underperforming. This was brought home, first, when a federal judge in Maine concluded that a criminal conviction would not be

LEARNING FROM MISTAKES: INNOCENT, OR REASONABLY DOUBTFUL – MAKE UP YOUR MIND

Much is lost by the audience when lawyers speak to [or “at,” which is even worse] jurors.  As one article concluded, “the human mind does not always act like a sponge. In the legal setting, lawmakers, judges, and scholars hope but hardly expect that jurors exhibit perfect retention of trial facts, particularly in complicated trials.” 

RULE 609 VERSUS REHABILITATION: DOES WITNESS IMPEACHMENT DEFEAT REENTRY INTO SOCIETY?

As Washington continues to grapple with the nuances of lying, some citizens suffer from a stigmatizing federal law that treats them as if they were convicted liars without any logical or scientific justification. Consider this scenario: An eyewitness foils a potential terrorist act, saving thousands of lives and earning praise from the community for bravery. The