Before I can finish debunking one misconception about my studies on Wis. Jury Instruction 140 — studies available here and here — another misconception pops up. It’s like playing a never-ending game of “whack-a-mole.” It’s easy and virtually cost-free (in terms of time) for prosecutors and judges to launch these attacks. But their criticisms are often
so far off-base, or even bizarre, that it takes a lot of work to respond to
them. Pretty soon, however, I’ll have
written so much on this topic I will simply be able to respond: “See law review
article C, page six.” Later this year I will publish the recently-completed
Educating Judges and Lawyers on Social Science Research: A Case Study. In it, I will address the latest set of attacks. But if you just can’t wait — or if you can
wait but you have a motion hearing coming up to modify J.I. 140 — you’ll find a
bullet-point list debunking these new criticisms after the
jump.
