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Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. McMurtry-Chubb 2019 Mercer University

Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb

The Scholar: St. Mary's Law Review on Race and Social Justice

When the author wrote Writing At the Master’s Table: Reflections on Theft, Criminality, and Otherness in the Legal Writing Profession almost 10 years ago, her aim was to bring a Critical Race Theory/Feminism (CRTF) analysis to scholarship about the marginalization of White women law professors of legal writing. She focused on the convergence of race, gender, and status to highlight the distinct inequities women of color face in entering their ranks. The author's concern was that barriers to entry for women of color made it less likely that the existing legal writing professorate, predominantly White and female ...


Texas, The Death Penalty, And Intellectual Disability, Megan Green 2019 St. Mary's University School of Law

Texas, The Death Penalty, And Intellectual Disability, Megan Green

St. Mary's Law Journal

Abstract forthcoming


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Challenge Of Convicting Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz 2019 William & Mary Law School

The Challenge Of Convicting Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz

Adam M. Gershowitz

In recent decades, both the media and legal scholars have documented the widespread problem of prosecutors failing to disclose favorable evidence to the defense – so called Brady violations. Despite all of this documentation however, many ethical prosecutors reject the notion that the criminal justice system has a Brady problem. These prosecutors – ethical lawyers who themselves have not been accused of misconduct – believe that the scope of the Brady problem is exaggerated. Why do ethical prosecutors downplay the evidence that some of their colleagues have committed serious errors?

This essay, in honor of Professor Bennett Gershman, points to what psychologists have ...


Adulthood In Law And Culture, Vivian E. Hamilton 2019 William & Mary Law School

Adulthood In Law And Culture, Vivian E. Hamilton

Vivian E. Hamilton

Young people today come of age in a cultural and economic milieu that prolongs their attainment of the traditional markers of adulthood. Their subjective conceptions of the transition to adulthood also depart radically from the traditional conception, with its emphasis on discrete transition events (including marriage and entry into the workforce). Instead, the modern transition to adulthood is a gradual process comprising the acquisition of general capabilities, rather than the achievement of externally constructed events. The state-established age of legal majority stands in marked contrast to this gradual and prolonged process. Not only does it categorically establish the inception of ...


Identifying Liars Through Automatic Decoding Of Children's Facial Expressions, Kaila Bruer, Sarah Zanette, Xiaopan Ding, Thomas D. Lyon, Kang Lee 2019 University of Regina

Identifying Liars Through Automatic Decoding Of Children's Facial Expressions, Kaila Bruer, Sarah Zanette, Xiaopan Ding, Thomas D. Lyon, Kang Lee

University of Southern California Legal Studies Working Paper Series

This study explored whether children’s (N=158; 4-9 years-old) nonverbal facial expressions can be used to identify when children are being deceptive. Using a computer vision program to automatically decode children’s facial expressions according to the Facial Action Coding System, this study employed machine learning to determine whether facial expressions can be used to discriminate between children who concealed breaking a toy(liars) and those who did not break a toy(nonliars). Results found that, regardless of age or history of maltreatment, children’s facial expressions could accurately (73%) distinguished between liars and nonliars. Two emotions, surprise and ...


Younger And Older Adults' Lie-Detection And Credibility Judgments Of Children's Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela Evans 2019 Brock University

Younger And Older Adults' Lie-Detection And Credibility Judgments Of Children's Coached Reports, Alison M. O'Connor, Thomas D. Lyon, Angela Evans

University of Southern California Legal Studies Working Paper Series

Previous research has examined young and middle-aged adults’ perceptions of child witnesses; however, no research to date has examined how potential older adult jurors may perceive a child witness. The present investigation examined younger (18–30 years, N = 100) and older adults’ (66–89 years, N = 100) liedetection and credibility judgments when viewing children’s truthful and dishonest reports. Participants viewed eight child interview videos where children (9–11 years of age) either provided a truthful report or a coached fabricated report to conceal a transgression. Participants provided lie-detection judgments following all eight videos and credibility assessments following the first ...


72. Identifying Liars Through Automatic Decoding Of Children’S Facial Expressions., Kaila C. Bruer, Sarah Zanette, Xiaopan Ding, Thomas D. Lyon, Kang Lee 2019 University of Toronto

72. Identifying Liars Through Automatic Decoding Of Children’S Facial Expressions., Kaila C. Bruer, Sarah Zanette, Xiaopan Ding, Thomas D. Lyon, Kang Lee

Thomas D. Lyon

This study explored whether children’s (N=158; 4-9 years-old) nonverbal facial expressions can be used to identify when children are being deceptive. Using a computer vision program to automatically decode children’s facial expressions according to the Facial Action Coding System, this study employed machine learning to determine whether facial expressions can be used to discriminate between children who concealed breaking a toy(liars) and those who did not break a toy(nonliars). Results found that, regardless of age or history of maltreatment, children’s facial expressions could accurately (73%) distinguished between liars and nonliars. Two emotions, surprise and ...


Distinguishing Between Investigator Discriminability And Eyewitness Discriminability: A Method For Creating Full Receiver Operating Characteristic Curves Of Lineup Identification Performance, Andrew M. Smith, Yueran Yang, Gary L. Wells 2019 Iowa State University

Distinguishing Between Investigator Discriminability And Eyewitness Discriminability: A Method For Creating Full Receiver Operating Characteristic Curves Of Lineup Identification Performance, Andrew M. Smith, Yueran Yang, Gary L. Wells

Gary L. Wells

The conceptual frameworks provided by both the lineups-as-experiments analogy and Signal Detection Theory have proven important to furthering understanding of performance on eyewitness identification-procedures. The lineups-as-experiments analogy proposes that when investigators carry out a lineup procedure, they are acting as experimenters, and should therefore follow the same tried-and-true procedures that experimenters follow when executing an experiment. Signal Detection Theory offers a framework for distinguishing between factors that improve the trade-off between culprit and innocent-suspect identifications (discriminability) and factors that impact the frequency of suspect identifications (conservativeness). The present work offers an integration of these two conceptual frameworks. We argue that ...


The Role Of Eyewitness Confidence And Prosecution/Defense Presentation In How Facial Composites Shape Juror Decision-Making, Rebecca E. Singh 2019 CUNY John Jay College

The Role Of Eyewitness Confidence And Prosecution/Defense Presentation In How Facial Composites Shape Juror Decision-Making, Rebecca E. Singh

Student Theses

Eyewitness testimony has been found to be an unreliable form of evidence (Loftus, Miller & Burns, 1978; Oswald & Coleman, 2007; Wells & Hasel, 2007; Loftus & Greenspan, 2017; Jaross, 2018; Wade, Nash, & Lindsay, 2018; Wixted, Mickes, & Fisher, 2018). Yet, this evidence is still used in the courts today, and, in fact, is perceived by jurors as important and compelling in comparison to other case factors (e.g., character evidence, physical evidence; Topp-Manriquez, McQuiston, & Malpass, 2014; Kabzińska, 2015). Additionally, eyewitnesses are sometimes requested to help create a facial composite of the suspect and, critically, these composites are then used as evidence during the trial. In addition to the confidence of the eyewitness and the presentation of the evidence (i.e., defense or prosecution), the present research examines how facial composites influence the decision-making process on the part of jurors. Overall, the present results suggest that there is a significant difference in ...


Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich 2019 Georgetown University Law Center

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich

Georgetown Law Faculty Publications and Other Works

This Article is the first to make the business case for firms to promote and prioritize lawyer well-being. For more than three decades, quantitative research has demonstrated that lawyers suffer from depression, anxiety, and addiction far in excess of the general population. Since that time, there have been many calls within and outside the profession for changes to be made to promote, prioritize, and improve lawyer well-being, particularly as many aspects of the current law school and law firm models exacerbate mental health and addiction issues, as well as overall law student and lawyer distress. These calls for change, made ...


Beyond A Reasonable Doubt: A Discourse Analysis Of Forensic And Psychological Truth In Child Narratives, Elizabeth Samson 2019 Duquesne University

Beyond A Reasonable Doubt: A Discourse Analysis Of Forensic And Psychological Truth In Child Narratives, Elizabeth Samson

Electronic Theses and Dissertations

This dissertation draws on a hermeneutically-informed modification of Potter and Wetherell’s (1987) discourse analysis methodology to explore how child memory and experience are conceptualized in two widely-used forensic psychology training manuals. Current research about child testimony tends to focus on how well children can factually recount their experiences, or on optimizing interviewer performance so as to obtain accurate accounts and minimize the risk of distorting children’s memories. Results of this discourse analysis include: 1) frequent advisement of evaluator caution, objectivity, and thoroughness, since evaluators are understood as responsible for preserving the accuracy of children’s memories during the ...


The Progress Of Passion, Kathryn Abrams 2019 University of California at Berkeley School of Law

The Progress Of Passion, Kathryn Abrams

Kathryn Abrams

Like an abandoned fortress, the dichotomy between reason and the passions casts a long shadow over the domain of legal thought. Beset by forces from legal realism to feminist epistemology, this dichotomy no longer holds sovereign sway. Yet its structure helps to articulate the boundaries of the legal field; efforts to move in and around it infuse present thinking with the echoes of a conceptually distinct past. Early critics of the dichotomy may unwittingly have prolonged its influence through the frontal character of their attacks. By challenging a strong distinction between emotion and reason, critics kept it, paradoxically, before legal ...


On Juror Decision Making: An Empathic Inquiry, Dan Simon 2019 USC Gould School of Law

On Juror Decision Making: An Empathic Inquiry, Dan Simon

University of Southern California Legal Studies Working Paper Series

This review examines the workings of jurors deciding criminal cases. It seeks not to commend or condemn jury decision making but rather to offer an empathic exploration of the task that jurors face in exercising their fact-finding duty. Reconstructing criminal events in the courtroom amounts to a difficult feat under the best of circumstances. The task becomes especially complicated under the taxing conditions of criminal adjudication: the often substandard evidence presented in court; the paucity of the investigative record; types of evidence that are difficult to decipher; the unruly decision-making environment of the courtroom; and mental gymnastics required to meet ...


Law Library Blog (August 2019): Legal Beagle's Blog Archive, Roger Williams University School of Law 2019 Roger Williams University

Law Library Blog (August 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


911 Dispatchers: Investigating Their Knowledge Of Eyewitness Evidence Collection, Samantha A. Kosziollek 2019 CUNY John Jay College

911 Dispatchers: Investigating Their Knowledge Of Eyewitness Evidence Collection, Samantha A. Kosziollek

Student Theses

911 dispatchers are often the first contact in an emergency, playing a critical role in the investigative process. Presently, a new bill is seeking to nationally reclassify these communications officers, recognizing them as vital first responders, as their initial collection of eyewitness evidence aid in the attainment of crucial information and detailed descriptions of an accident or crime. However, only one study (Kassis, 2017), to date, has examined the training of 911 dispatchers, as well as their self-reported knowledge of the potential influences their language could have on an eyewitness’ memory. While this research highlighted disparities between the perceived role ...


Like Me, Do What I Say, & Think About My Influence: The Effects On Witness Choosing And Metacognition, Brittany Race 2019 University of Arkansas, Fayetteville

Like Me, Do What I Say, & Think About My Influence: The Effects On Witness Choosing And Metacognition, Brittany Race

Theses and Dissertations

Confidence can be a strong predictor of accuracy if circumstances are ideal (Wixted & Wells, 2017), but ideal circumstances are not always present. As such it is important to understand ways to ameliorate potentially negative effects on eyewitness metacognition. Rapport building, though seen as an important element of police/witness interaction (Vallano et al., 2015), can lead to some potentially negative memory effects (Wright et al., 2015). Additionally steering, or the process of directing a witness toward a particular suspect, can increase false identifications. Recently the researcher has developed a paradigm meant to better calibrate confidence by reinstating the context of ...


The Effects Of The Putative Confession And Evidence Presentation On Maltreated And Non-Maltreated 9- To 12-Year-Olds' Coached Concealment Of A Minor Transgression, Angela Evans, Thomas D. Lyon 2019 Brock University

The Effects Of The Putative Confession And Evidence Presentation On Maltreated And Non-Maltreated 9- To 12-Year-Olds' Coached Concealment Of A Minor Transgression, Angela Evans, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

The present study examined the influence of the putative confession (in which children are told that the suspect told them “everything that happened” and “wants [the child] to tell the truth”) and evidence presentation on 9- to 12-year-old maltreated and non-maltreated children’s disclosure (N = 321). Half of the children played a forbidden game with an adult confederate which resulted in a laptop breaking (no transgression occurred for the other half of children), followed by coaching to conceal the forbidden game and to falsely disclose the sanctioned game. Children were then interviewed about the interaction with the confederate. Among the ...


Due Process Supreme Court Appellate Division Second Department, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.


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