The Model Penal Code, the Common Law, and Mistakes of Fact: Recklessness, Negligence, or Strict Liability?

Evidence law controls what information will be admissible in court and when, how, and by whom it may be presented. It shapes not only the trial...

A crucial first step in addressing intimate-image abuse is its proper conceptualization. Intimate-image abuse amounts to a violation of intimate...

This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...

Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...

On January 1, 2022, the most radical change to the American jury in at least thirty-five years occurred in Arizona: peremptory strikes, long a feature...

How should judges decide hard cases involving rights conflicts? Standard debates about this question are usually framed in jurisprudential terms...

Berryessa et al. (2022) consider how prior experience as a criminal prosecutor may influence judicial behaviour, but their concerns about prior...

For several days, former President Donald Trump and his 18 co-defendants in a Georgia election interference case trickled into the Fulton County Jail...

Virginia adopted a risk assessment to help determine sentencing for sex offenders. It was incorporated as a one-way ratchet toward higher sentences...

Courts routinely use low cash bail as a financial incentive to ensure that released defendants appear in court and abstain from crime. This can create...

A federal grand jury in Florida indicted former President Donald Trump on June 8, 2023, on multiple criminal charges related to classified documents...

We examined how the presentation of risk assessment results and the race of the person charged affected pretrial court actors’ recommendations to...

In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more common...

The lawyer-client relationship is pivotal in providing access to courts. This paper presents results from a large-scale field experiment exploring how...

As social scientists seek to communicate research about what works in policing to police executives, they overlook important players in determining...

Across multiple national surveys sampling more than 12,000 people, we have found that a majority of Americans, more than 60 percent, consider false...

Coercive policing is conducted mostly by means of commands, and officers usually cannot use force unless they have first issued an order. Yet, despite...

He who opens a school door, closes a prison. – Victor Hugo

Analogous to Nathaniel Hawthorne’s critique of his leaders’ decision to use punishment as a...