Monday, February 19, 2018

Now in print: The Battle over the Burden of Proof

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!    

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