Sunday, December 30, 2018
Spin Doctors: Prosecutor Sophistry and the Burden of Proof, 87 U. Cin. L. Rev. 489 (2018)
The Supreme Court of Wisconsin (SCOW) has decided to take this issue up on appeal. You can find the legal briefs and other case details on this public database. And you can also read my latest article on the topic, Spin Doctors: Prosecutor Sophistry and the Burden of Proof, 87 U. Cincinnati L. Rev. 489 (2018). For my previous work on this issue, including my empirical studies demonstrating that Wisconsin's jury instruction (1) causes mock jurors to convict at a higher rate and (2) leads mock jurors to believe that conviction is proper even if they have a reasonable doubt about guilt, go to my JI 140 resource page. Let's hope SCOW gets this right and rules that trial courts may no longer instruct jurors not to perform their constitutionally-mandated duty.