Viral Injustice

Viral Injustice is the title of a new article now available via SSRN authored by Brandon Garrett and Lee Kovarsky.  Here is its abstract: The COVID-19 pandemic blighted all aspects of American life, but people in jails, prisons, and other detention sites experienced singular harm and neglect.  Housing vulnerable detainee populations with elevated medical needs, these facilities were ticking … Continue reading

Should We Abandon Jury Secrecy?

are you crazy some lawyers and judges will say. Perhaps they are right but Daniel Harawa (Washington University School of Law) has posted Sacrificing Secrecy (Georgia Law Review, Vol. 55 (2021)) on SSRN. it is a provocative commentary. Here is the abstract: Juries have deliberated in secret since medieval times. The historical reason for the secrecy is that it … Continue reading

What Are The Implications of Racial Slurs?

“Supreme Court asked to decide if use of racial slur amounts to illegal discrimination; An employee alleges that he was repeatedly exposed to uses of the slur at his workplace”: Pete Williams of NBC News has this report

Fairness Challenge

Emily LaGratta is one of the nation’s most committed advocates of procedural fairness. She has a new procedural fairness push: a partnership with the National Center for State Courts to offer two free “training” opportunities as part of a Fairness Challenge this April 2021. They’re not traditional trainings, actually, but one goal certainly is to have participants learn something! There are two ways … Continue reading

When Can The Police Come In Your House Without A Warrant?

“The 2016 police encounter involving retired California real estate agent Arthur G. Lange seemed routine, more likely to be on the TV show Cops than one destined for a major Fourth Amendment confrontation in the U.S. Supreme Court.The case involves a police officer who entered Lange’s garage without a warrant and questioned Lange after pursuing his vehicle … Continue reading

Why Would Anyone Falsely Confess To A Crime?

False confessions though rare do happen. Our visceral reaction is if you confessed you are guilty. After all why would anyone confess, particularly ro a serious crime, if they did not do it. Yet we know false confessions occur. There is an interesting  new article available via SSRN and authored by Andrew Pardieck, Vanessa Edkins and Lucian Dervan. Here is its abstract: The authors conducted a multi-year psychological deception … Continue reading

Do You Think That Guy was Smoking Weed?

William McNichol has posted Toward A Rational Policy For Dealing With Marijuana Impairment – Moving Beyond ‘He Looked Buzzed To Me, Your Honor’ (McNichol, W.J., Toward A Rational Policy For Dealing With Marijuana Impairment – Moving Beyond “He Looked Buzzed To Me, Your Honor” 45 So. Ill. U. L.J. 1 (2020)) on SSRN. Here is the abstract: This paper … Continue reading

What Should A Judge Say At Sentencing?

For decades sound social science research has shown that the explanation a judge gives for sentencing is a critical factor in achieving procedural fairness. But there are risks. You could say something a bit inarticulate and draw criticism or reversal. There are no easy answers to this dilemma. If it is a thought driving your … Continue reading