I previously posted a draft of my article that identifies and debunks twenty different prosecutor arguments about the burden of proof (and the related jury instruction) in criminal cases. The article exposes prosecutorial wordplay and sophistry, and debunks such classic government arguments as "verdict means to say the truth" and "trials are about searching for the truth." The final version of the article has now been published, and you can find it here: The Battle over the Burden of Proof: A Report from the Trenches, 79 U. Pitt. L. Rev. 61 (2017). Stay tuned to The Legal Watchdog for soon-to-be-published articles on behavioral research and the law (with L. White), a test of other-acts evidence and curative instructions (with L. White), and prosecutor misconduct in closing arguments. Or if you just can't wait to set your eyes on these works, you can find the pre-publication drafts, along with all of my previously-published articles, here. Enjoy!
Monday, February 19, 2018
Wednesday, February 7, 2018
Anatomy of a False Confession: The Interrogation and Conviction of Brendan Dassey (Rowman & Littlefield, Nov. 2018)
|Photo by Rebecca Slye|
Saturday, February 3, 2018
My last post discussed a new -- well, new to me -- law professor publishing trick: the bait and switch. And now for some more law review fun. Over at Outside the Law School Scam (OTLSS), there's a post about a Kentucky law prof who not only denies that professor scholarship raises the cost of legal education for students, but who also wrote this on the twitter: