Brandon L. Garrett

Duke University School of Law

210 Science Drive

Box 90362

Durham, NC 27708

United States

http://www.brandonlgarrett.com/

SCHOLARLY PAPERS

107

DOWNLOADS
Rank 1,137

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Top 1,137

in Total Papers Downloads

41,731

SSRN CITATIONS
Rank 9,483

SSRN RANKINGS

Top 9,483

in Total Papers Citations

100

CROSSREF CITATIONS

73

Scholarly Papers (107)

1.

The Substance of False Confessions

Stanford Law Review, Vol. 62, No. 4, 2010, Virginia Public Law and Legal Theory Research Paper No. 2010-11
Number of pages: 70 Posted: 07 Oct 2008 Last Revised: 15 Apr 2010
Brandon L. Garrett
Duke University School of Law
Downloads 4,233 (4,522)
Citation 3

Abstract:

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2.

Judging Innocence

Columbia Law Review, January 2008
Number of pages: 90 Posted: 12 Jul 2007 Last Revised: 23 Jun 2010
Brandon L. Garrett
Duke University School of Law
Downloads 2,363 (11,582)
Citation 2

Abstract:

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3.

Actual Innocence and Wrongful Convictions

Academy for Justice, A Report on Scholarship and Criminal Justice Reform (Erik Luna ed., 2017 Forthcoming) , Duke Law School Public Law & Legal Theory Series
Number of pages: 15 Posted: 28 Apr 2017 Last Revised: 24 Jul 2018
Brandon L. Garrett
Duke University School of Law
Downloads 2,090 (14,145)

Abstract:

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4.

Invalid Forensic Science Testimony and Wrongful Convictions

Virginia Law Review, Vol. 95, No. 1, 2009
Number of pages: 97 Posted: 06 Mar 2009 Last Revised: 23 Jun 2010
Brandon L. Garrett and Peter J. Neufeld
Duke University School of Law and Benjamin N. Cardozo School of Law - Innocence Project
Downloads 2,042 (14,644)
Citation 5

Abstract:

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5.

Convicting the Innocent Redux

D. Medwed, Ed., Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent (Cambridge University Press, Forthcoming), Duke Law School Public Law & Legal Theory Series
Number of pages: 15 Posted: 03 Aug 2015 Last Revised: 24 Jul 2018
Brandon L. Garrett
Duke University School of Law
Downloads 947 (45,928)

Abstract:

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Wrongful convictions, DNA exonerations, eyewitness misidentifications, false confessions, informants, forensics

6.

Innocence, Harmless Error, and Federal Wrongful Conviction Law

Wisconsin Law Review, Vol. 35, 2005
Number of pages: 77 Posted: 05 Sep 2005
Brandon L. Garrett
Duke University School of Law
Downloads 945 (46,042)
Citation 2

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Innocence, Criminal Procedure, Constitutional Law

7.

A Tactical Fourth Amendment

Virginia Law Review, Vol. 103, 211, 2017, Virginia Public Law and Legal Theory Research Paper No. 29
Number of pages: 97 Posted: 25 Mar 2016 Last Revised: 05 Apr 2017
Brandon L. Garrett and Seth W. Stoughton
Duke University School of Law and University of South Carolina School of Law
Downloads 895 (49,644)
Citation 3

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Force, Fourth Amendment, Tactics, Deescalation, Minimization, Verbal Warnings, Police Policies

8.

Globalized Corporate Prosecutions

Virginia Law Review, Vol. 97, No. 8, December 2011
Number of pages: 102 Posted: 23 Jun 2011 Last Revised: 16 Jan 2012
Brandon L. Garrett
Duke University School of Law
Downloads 854 (52,988)

Abstract:

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9.

The Right to a Glass Box: Rethinking the Use of Artificial Intelligence in Criminal Justice

Cornell Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2023-03
Number of pages: 55 Posted: 22 Nov 2022 Last Revised: 17 Feb 2023
Brandon L. Garrett and Cynthia Rudin
Duke University School of Law and Duke University - Department of Computer Science
Downloads 798 (58,003)

Abstract:

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Artificial intelligence, interpretability, due process, risk assessments, criminal procedure, explainability, facial recognition, prediction, public safety, validation

10.

Declining Corporate Prosecutions

57 American Criminal Law Review 109 (2020), Duke Law School Public Law & Legal Theory Series No. 2019-25
Number of pages: 47 Posted: 25 Apr 2019 Last Revised: 04 Feb 2020
Brandon L. Garrett
Duke University School of Law
Downloads 740 (64,287)
Citation 3

Abstract:

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11.

The Corporate Criminal as Scapegoat

101 Virginia Law Review 1789 (2015), Virginia Public Law and Legal Theory Research Paper No. 7
Number of pages: 66 Posted: 30 Jan 2015 Last Revised: 11 May 2017
Brandon L. Garrett
Duke University School of Law
Downloads 736 (64,772)
Citation 8

Abstract:

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12.

Open Prosecution

Stanford Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2022-12
Number of pages: 74 Posted: 25 Oct 2021 Last Revised: 22 Dec 2022
Duke University School of Law, Duke University School of Law, Duke University - Center for Child and Family Policy, affiliation not provided to SSRN, Duke University School of Law and Duke University School of Law
Downloads 698 (69,215)

Abstract:

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plea bargaining, data, prosecution, sentencing, due process, transparency, criminal procedure

13.

Contaminated Confessions Revisited

Virginia Law Review, Vol. 101, 2015 Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2014-52
Number of pages: 64 Posted: 24 Aug 2014 Last Revised: 20 Mar 2015
Brandon L. Garrett
Duke University School of Law
Downloads 603 (83,279)
Citation 2

Abstract:

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14.
Downloads 563 (90,878)

Testing Compliance

Law and Contemporary Problems, Forthcoming , Duke Law School Public Law & Legal Theory Series No. 2020-14
Number of pages: 43 Posted: 08 Mar 2020 Last Revised: 10 Jan 2022
Brandon L. Garrett and Gregory Mitchell
Duke University School of Law and University of Virginia School of Law
Downloads 420 (128,106)

Abstract:

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compliance, testing, validation, corporate crime

Testing Compliance

Brandon Garrett & Gregory Mitchell, Testing Compliance, 83 Law & Contemporary Problems 47 (2020), Virginia Public Law and Legal Theory Research Paper No. 2021-11, Virginia Law and Economics Research Paper No. 2021-04
Number of pages: 39 Posted: 02 Feb 2021
Brandon L. Garrett and Gregory Mitchell
Duke University School of Law and University of Virginia School of Law
Downloads 143 (371,466)

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compliance, deterrence, experimentation, legal decision-making, risk management

15.

Structural Reform Prosecution

Virginia Law Review, Vol. 93, June 2007
Number of pages: 105 Posted: 20 Sep 2006
Brandon L. Garrett
Duke University School of Law
Downloads 563 (90,878)
Citation 2

Abstract:

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16.

Eyewitnesses and Exclusion

Vanderbilt Law Review, Vol. 65, 2012, Virginia Public Law and Legal Theory Research Paper No. 2011-17
Number of pages: 56 Posted: 03 Apr 2011 Last Revised: 29 Mar 2012
Brandon L. Garrett
Duke University School of Law
Downloads 561 (91,295)

Abstract:

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17.

The American Death Penalty Decline

Journal of Criminal Law and Criminology, Vol. 105, 2017, Virginia Public Law and Legal Theory Research Paper No. 2017-06
Number of pages: 83 Posted: 04 Feb 2017 Last Revised: 30 Oct 2017
Brandon L. Garrett, Alex Jakubow and Ankur Desai
Duke University School of Law, Yale Law School and University of Virginia - School of Law, Alumnus or Degree Candidate Author
Downloads 553 (92,960)
Citation 1

Abstract:

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18.

The Law and Science of Eyewitness Evidence

Boston University Law Review, Forthcoming 2021, Duke Law School Public Law & Legal Theory Series No. 2020-62
Number of pages: 72 Posted: 01 Oct 2020 Last Revised: 09 Mar 2021
Thomas Albright and Brandon L. Garrett
Salk Institute for Biological Studies and Duke University School of Law
Downloads 534 (97,079)

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Eyewitness, Evidence, Due Process, Police Practices, Science, Memory, Precedent, Jury Instructions, Lineup, Expert Evidence, Model Policy

19.

Board Compliance

104 Minnesota Law Review 1191 (2020)
Number of pages: 83 Posted: 30 Jun 2018 Last Revised: 02 Feb 2020
John Armour, Brandon L. Garrett, Jeffrey N. Gordon and Geeyoung Min
University of Oxford - Faculty of Law, Duke University School of Law, Columbia Law School and Michigan State University College of Law
Downloads 531 (97,794)
Citation 3

Abstract:

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corporate law, compliance, corporate governance, compliance committees

20.

The Constitutional Regulation of Forensic Evidence

Washington and Lee Law Review, Vol. 73, 2016, Duke Law School Public Law & Legal Theory Series
Number of pages: 25 Posted: 08 Feb 2016 Last Revised: 24 Jul 2018
Brandon L. Garrett
Duke University School of Law
Downloads 529 (98,213)
Citation 1

Abstract:

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21.

Judging Risk

108 California Law Review 439 (2020), Virginia Public Law and Legal Theory Research Paper No. 2018-44
Number of pages: 55 Posted: 04 Jun 2018 Last Revised: 04 May 2020
Brandon L. Garrett and John Monahan
Duke University School of Law and University of Virginia School of Law
Downloads 522 (99,862)
Citation 6

Abstract:

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22.

Driver's License Suspension in North Carolina

Duke Law School Public Law & Legal Theory Series No. 2019-27
Number of pages: 30 Posted: 15 Apr 2019
Brandon L. Garrett and William Crozier
Duke University School of Law and Duke University School of Law
Downloads 508 (103,764)
Citation 3

Abstract:

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23.

The Constitutional Standing of Corporations

University of Pennsylvania Law Review, Vol. 163, 2014, Virginia Public Law and Legal Theory Research Paper No. 2013-33
Number of pages: 70 Posted: 27 Sep 2013 Last Revised: 06 Dec 2014
Brandon L. Garrett
Duke University School of Law
Downloads 504 (104,281)

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constitutional rights, corporations, standing, organizational standing

24.

Constitutional Law and the Law of Evidence

Cornell Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 14
Number of pages: 66 Posted: 23 Feb 2015 Last Revised: 10 Nov 2015
Brandon L. Garrett
Duke University School of Law
Downloads 496 (106,363)

Abstract:

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25.

Claiming Innocence

Minnesota Law Review, June 2008
Number of pages: 95 Posted: 29 Nov 2007 Last Revised: 23 Jun 2010
Brandon L. Garrett
Duke University School of Law
Downloads 489 (108,174)

Abstract:

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26.

Viral Injustice

California Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2021-15
Number of pages: 64 Posted: 23 Feb 2021
Brandon L. Garrett and Lee Kovarsky
Duke University School of Law and University of Texas at Austin, School of Law
Downloads 483 (109,723)
Citation 2

Abstract:

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equitable remedies, emergency powers, ADA, PLRA, COVID-19, health care, habeas corpus, preliminary injunctions, due process clause, eighth amendment, detention, prison, jail, custody, mass incarceration

27.

The Decline of the Virginia (and American) Death Penalty

Georgetown Law Journal, Vol. 105, 611, 2017
Number of pages: 69 Posted: 17 Oct 2015 Last Revised: 05 Apr 2017
Brandon L. Garrett
Duke University School of Law
Downloads 465 (114,814)

Abstract:

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Death penalty, capital punishment, right to counsel, sentencing, mitigation, Eighth Amendment

28.

Why Plea Bargains are Not Confessions

William & Mary Law Review, Vol. 56, 2016 Forthcoming
Number of pages: 30 Posted: 05 Dec 2014 Last Revised: 12 Jan 2016
Brandon L. Garrett
Duke University School of Law
Downloads 459 (116,617)

Abstract:

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29.

Error Aversions and Due Process

Michigan Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2022-08, Duke Law School Public Law & Legal Theory Series No. 2022-02
Number of pages: 52 Posted: 05 Jan 2022 Last Revised: 08 Feb 2022
Brandon L. Garrett and Gregory Mitchell
Duke University School of Law and University of Virginia School of Law
Downloads 450 (119,343)
Citation 1

Abstract:

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30.

Juvenile Life Without Parole in North Carolina

Duke Law School Public Law & Legal Theory Series No. 2019-16
Number of pages: 32 Posted: 19 Feb 2019 Last Revised: 11 Mar 2019
Ben Finholt, Brandon L. Garrett, Karima Modjadidi and Kristen Renberg
Duke University School of Law, Duke University School of Law, Duke University School of Law and Duke University School of Law
Downloads 430 (126,257)

Abstract:

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Juvenile, life without parole, sentencing

31.

The Brady Database

Journal of Criminal Law and Criminology, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2023-33
Number of pages: 57 Posted: 16 Jun 2023
Brandon L. Garrett, Adam M. Gershowitz and Jennifer Teitcher
Duke University School of Law, William & Mary Law School and Duke University School of Law
Downloads 429 (126,933)

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Brady v. Maryland, prosecutorial misconduct, due process, database, police misconduct, professional ethics, post-conviction remedies

32.

Originalism and Historical Fact-Finding

Georgetown Law Journal, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2023-45
Number of pages: 53 Posted: 14 Aug 2023
Joseph Blocher and Brandon L. Garrett
Duke University School of Law and Duke University School of Law
Downloads 427 (126,933)

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originalism, fact-finding, legislative fact, adjudicative fact, Bruen, Dobbs, Article III

33.

The State of the Death Penalty

Notre Dame Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series
Number of pages: 58 Posted: 22 Feb 2018 Last Revised: 29 Jan 2019
Ankur Desai and Brandon L. Garrett
University of Virginia - School of Law, Alumnus or Degree Candidate Author and Duke University School of Law
Downloads 416 (130,840)
Citation 2

Abstract:

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Death Penalty, Sixth Amendment, Eighth Amendment, Life Without Parole, Indigent Representation, Ring v. Arizona

34.

Criminal Justice Collapse: The Constitution after Hurricane Katrina

Duke Law Journal, Vol. 56, 2006, Tulane Public Law Research Paper No. 06-09
Number of pages: 52 Posted: 18 May 2006
Brandon L. Garrett and Tania Tetlow
Duke University School of Law and Tulane University - School of Law
Downloads 413 (131,959)
Citation 2

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35.

Models of Bail Reform

Florida Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2022-06
Number of pages: 63 Posted: 18 Nov 2021 Last Revised: 09 Mar 2022
Brandon L. Garrett
Duke University School of Law
Downloads 400 (136,823)

Abstract:

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Bail, pretrial, due process, arrest alternatives, equal protection, risk assessment, equal process

36.

Habeas Corpus and Due Process

Cornell Law Review, Vol. 98, No. 1, 2012, Virginia Public Law and Legal Theory Research Paper No. 2012-14
Number of pages: 80 Posted: 27 Feb 2012 Last Revised: 01 Dec 2012
Brandon L. Garrett
Duke University School of Law
Downloads 395 (138,792)

Abstract:

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37.

The Myth of the Reliability Test

Fordham Law Review, Vol. 86, 2018
Number of pages: 43 Posted: 12 Mar 2018
Brandon L. Garrett and M. Chris Fabricant
Duke University School of Law and Innocence Project, Inc.
Downloads 385 (142,826)

Abstract:

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38.

AEDPA Repeal

Cornell Law Review 2022, Duke Law School Public Law & Legal Theory Series No. 2022-39
Number of pages: 45 Posted: 21 Jun 2022
Brandon L. Garrett and Kaitlin Phillips
Duke University School of Law and affiliation not provided to SSRN
Downloads 361 (153,490)

Abstract:

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39.

Do Heads Roll? An Empirical Analysis of CEO Turnover and Pay When the Corporation is Federally Prosecuted

Virginia Law and Economics Research Paper No. 2017-11, Columbia Business School Research Paper No. 17-54
Number of pages: 36 Posted: 11 May 2017 Last Revised: 30 Mar 2018
Brandon L. Garrett, Nan Li and Shivaram Rajgopal
Duke University School of Law, University of Minnesota - Twin Cities - Carlson School of Management and Columbia University - Columbia Business School, Accounting, Business Law & Taxation
Downloads 350 (158,775)
Citation 3

Abstract:

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40.

Forensics and Fallibility: Comparing the Views of Lawyers and Judges

West Virginia Law Review, Vol. 119, 2016, Virginia Public Law and Legal Theory Research Paper No. 2016-63, Duke Law School Public Law & Legal Theory Series
Number of pages: 19 Posted: 07 Nov 2016 Last Revised: 24 Jul 2018
Brandon L. Garrett and Gregory Mitchell
Duke University School of Law and University of Virginia School of Law
Downloads 348 (159,771)
Citation 1

Abstract:

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forensics, plea bargaining, jurors, CSI

41.

Judging Firearms Evidence

Duke Law School Public Law & Legal Theory Series No. 2023-10
Number of pages: 76 Posted: 19 Jan 2023 Last Revised: 14 Apr 2023
Brandon L. Garrett, Eric Tucker and Nicholas Scurich
Duke University School of Law, Duke University School of Law and University of California, Irvine - School of Social Ecology
Downloads 328 (170,280)

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Firearms, tool marks, Daubert, Frye, scientific evidence, reliability, error rates

42.

International Corporate Prosecutions

Chapter in Comparative Criminal Procedure, Darryl Brown, Jenia Turner, and Bettina Weisse, eds., Oxford U. Press (2018 Forthcoming)
Number of pages: 21 Posted: 14 Mar 2018
Brandon L. Garrett
Duke University School of Law
Downloads 318 (175,928)

Abstract:

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43.

Wealth, Equal Protection, and Due Process

William & Mary Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-14
Number of pages: 42 Posted: 19 Jan 2019 Last Revised: 14 Mar 2019
Brandon L. Garrett
Duke University School of Law
Downloads 316 (177,108)

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Equal Protection, Due Process, Wealth, Fines, Fees, Discrimination, Cumulative Constitutional Harm

44.

Eyewitness Identifications and Police Practices: A Virginia Case Study

Forthcoming, 2 Virginia Journal of Criminal Law 1 (2014), Virginia Public Law and Legal Theory Research Paper 2013-26
Number of pages: 20 Posted: 26 Aug 2013 Last Revised: 23 Mar 2014
Brandon L. Garrett
Duke University School of Law
Downloads 312 (179,480)
Citation 2

Abstract:

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45.

Big Data and Due Process

Cornell Law Review Online, Vol. 99, 2014, Duke Law School Public Law & Legal Theory Series
Number of pages: 10 Posted: 17 Aug 2014 Last Revised: 24 Jul 2018
Brandon L. Garrett
Duke University School of Law
Downloads 305 (183,836)

Abstract:

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46.

Constitutional Reasonableness

Minnesota Law Review, Vol. 102, 2018, Virginia Public Law and Legal Theory Research Paper No. 2017-02
Number of pages: 65 Posted: 23 Jan 2017 Last Revised: 28 Sep 2017
Brandon L. Garrett
Duke University School of Law
Downloads 297 (189,102)
Citation 1

Abstract:

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47.

The Proficiency of Experts

University of Pennsylvania Law Review, Vol. 66, 2018, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2017-55, Duke Law School Public Law & Legal Theory Series
Number of pages: 56 Posted: 29 Sep 2017 Last Revised: 24 Jul 2018
Brandon L. Garrett and Gregory Mitchell
Duke University School of Law and University of Virginia School of Law
Downloads 291 (193,231)

Abstract:

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proficiency, expert, evidence, forensics, Daubert, qualification

48.

The Public Interest in Corporate Settlements

Boston College Law Review, Vol. 58, 2017, Virginia Public Law and Legal Theory Research Paper No. 2017-03
Number of pages: 62 Posted: 24 Jan 2017 Last Revised: 29 Nov 2017
Brandon L. Garrett
Duke University School of Law
Downloads 275 (204,689)
Citation 2

Abstract:

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49.

The Trajectory of Federal Gun Crimes

Duke Law School Public Law & Legal Theory Series No. 2020-69, University of Pennsylvania Law Review, Forthcoming
Number of pages: 80 Posted: 21 Oct 2020 Last Revised: 20 Jun 2022
Jacob D. Charles and Brandon L. Garrett
Pepperdine University - Rick J. Caruso School of Law and Duke University School of Law
Downloads 274 (205,434)

Abstract:

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Federal Criminal Law, Sentencing, Gun Crimes, Gun Violence, Second Amendment

50.

The Transparency of Jail Data

Wake Forest Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2021-10
Number of pages: 35 Posted: 24 Jan 2021
William Crozier, Brandon L. Garrett and Arvind Krishnamurthy
Duke University School of Law, Duke University School of Law and Duke University, Department of Political Science, Students
Downloads 263 (213,998)

Abstract:

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Pretrial, bail, policy, data, transparency

51.

Cumulative Constitutional Rights

Virginia Public Law and Legal Theory Research Paper No. 42
Number of pages: 45 Posted: 12 Aug 2015 Last Revised: 31 Jan 2017
Kerry Abrams and Brandon L. Garrett
Duke University School of Law and Duke University School of Law
Downloads 262 (214,879)
Citation 2

Abstract:

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Equal protection, due process, cumulative harm, constitutional law

52.

The Metamorphosis of Corporate Criminal Prosecutions

Virginia Law Review Online, 2016, Virginia Public Law and Legal Theory Research Paper No. 19
Number of pages: 13 Posted: 08 Feb 2016 Last Revised: 18 Feb 2016
Brandon L. Garrett
Duke University School of Law
Downloads 255 (220,695)

Abstract:

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corporate crime, white-collar crime, deferred prosecution

53.

DNA and Due Process

Fordham Law Review Vol. 78, 2010
Number of pages: 41 Posted: 04 Mar 2010 Last Revised: 23 Jun 2010
Brandon L. Garrett
Duke University School of Law
Downloads 254 (221,492)

Abstract:

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54.

The Myth of the Presumption of Innocence

Texas Law Review, Vol. 94, No. 178, 2016
Number of pages: 10 Posted: 02 May 2016
Brandon L. Garrett
Duke University School of Law
Downloads 248 (226,846)

Abstract:

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55.

Life Without Parole Sentencing in North Carolina

North Carolina Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2020-54
Number of pages: 44 Posted: 29 Aug 2020 Last Revised: 26 Oct 2020
Duke University School of Law, Duke University School of Law, Duke University School of Law and Duke University School of Law
Downloads 244 (230,534)

Abstract:

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Life without parole, sentencing, Eighth Amendment, prosecutorial discretion, race disparities, LWOP

56.

Aggregation in Criminal Law

California Law Review, Vol. 95, 2007
Number of pages: 68 Posted: 31 Mar 2006
Brandon L. Garrett
Duke University School of Law
Downloads 239 (235,210)

Abstract:

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57.

Remaining Silent after Salinas

University of Chicago Law Review, Vol. 80, 2013, Virginia Public Law and Legal Theory Research Paper No. 2013-42
Number of pages: 14 Posted: 19 Oct 2013 Last Revised: 05 Nov 2013
Brandon L. Garrett
Duke University School of Law
Downloads 238 (236,167)

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Confessions, Interrogations, Miranda

58.

The Rise of Bank Prosecutions

Yale Law Journal Forum, Vol. 126, No. 33, 2016, Duke Law School Public Law & Legal Theory Series
Number of pages: 24 Posted: 19 Jul 2016 Last Revised: 24 Jul 2018
Brandon L. Garrett
Duke University School of Law
Downloads 233 (241,103)

Abstract:

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59.

The Banality of Wrongful Executions

Michigan Law Review, Vol. 112, 2014, Duke Law School Public Law & Legal Theory Series
Number of pages: 16 Posted: 16 Feb 2014 Last Revised: 24 Jul 2018
Brandon L. Garrett
Duke University School of Law
Downloads 231 (243,046)

Abstract:

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60.

Accuracy in Sentencing

Southern California Law Review, Vol. 86, 2014, Forthcoming
Number of pages: 46 Posted: 13 Aug 2013 Last Revised: 05 Aug 2014
Brandon L. Garrett
Duke University School of Law
Downloads 216 (258,968)

Abstract:

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Sentencing, Section 2255, Habeas Corpus, Innocence

61.

Evidence-Informed Criminal Justice

George Washington Law Review, Vol. 86, No. 101, 2018
Number of pages: 33 Posted: 11 Oct 2018
Brandon L. Garrett
Duke University School of Law
Downloads 213 (262,408)
Citation 1

Abstract:

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62.

Forensic Science in Legal Education

Duke Law School Public Law & Legal Theory Series No. 2021-22
Number of pages: 14 Posted: 24 Mar 2021
Brandon L. Garrett, Glinda Cooper and Quinn Beckham
Duke University School of Law, Yeshiva University - The Innocence Project and Duke University, Trinity College of Arts & Sciences, Department of Sociology
Downloads 209 (268,283)

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forensic science, legal education, scientific evidence, quantitative methods

63.

Forensic Bitemark Identification: Weak Foundations, Exaggerated Claims

Journal of Law and the Biosciences, Vol. 3, No. 3, 538-575, Temple University Legal Studies Research Paper No. 2017-23
Number of pages: 38 Posted: 05 Sep 2017 Last Revised: 28 Apr 2020
Arizona State University (ASU) - Sandra Day O'Connor College of Law, Salk Institute for Biological Studies, Harvard University - Harvard Medical School, American Academy of Forensic Sciences, Private Practice of Dentistry, State University of New York at Buffalo, State University of New York (SUNY), Johns Hopkins University - School of Hygiene and Public Health, University of California, Irvine - Department of Criminology, Law and Society, University of Arizona, Northwestern University, School of Law & American Bar Foundation, Griffith University - School of Criminology and Criminal Justice, Temple University - James E. Beasley School of Law, UC Law, San Francisco, UC Law, San Francisco, Carnegie Mellon University - H. John Heinz III School of Public Policy and Management, Duke University School of Law, Case Western Reserve University School of Law, Stanford Law School, University of California, Davis - School of Law, The Forensic Institute, University of Virginia, Tufts University, Northwestern University - Pritzker School of Law, Harvard University - Harvard Medical School, University of Wisconsin-Madison, George Washington University - Law School, New York University School of Law, Office of the Medical Examiner, Tarrant County, TX, California State University, Los Angeles, Seton Hall Law School, University of California, Berkeley - School of Public Health, Texas A&M University, University of California, Irvine - Department of Statistics, University of California, Irvine - Department of Criminology, Law and Society, San Jose State University, Northwestern University and University of New Mexico
Downloads 209 (267,073)

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admissibility, bite mark, expert evidence, forensic science

64.

Interrogation Policies

University of Richmond Law Review, Vol. 49, 2015, Duke Law School Public Law & Legal Theory Series
Number of pages: 20 Posted: 05 Sep 2014 Last Revised: 24 Jul 2018
Brandon L. Garrett
Duke University School of Law
Downloads 201 (276,750)

Abstract:

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65.

Toward an International Right to Claim Innocence

California Law Review, Vol. 105 (2017), Virginia Public Law and Legal Theory Research Paper No. 25
Number of pages: 50 Posted: 17 Feb 2016 Last Revised: 18 Aug 2017
Brandon L. Garrett
Duke University School of Law
Downloads 197 (281,843)
Citation 1

Abstract:

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Innocence, post-conviction, revision, habeas corpus, due process, DNA, human rights

66.

DNA and Distrust

Notre Dame Law Review, Vol. 91, No. 2, 2015, Virginia Public Law and Legal Theory Research Paper No. 2014-41
Number of pages: 58 Posted: 31 Jul 2014 Last Revised: 21 Jan 2016
Kerry Abrams and Brandon L. Garrett
Duke University School of Law and Duke University School of Law
Downloads 195 (284,392)
Citation 1

Abstract:

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67.

Judicial Appraisals of Risk Assessment in Sentencing

Virginia Public Law and Legal Theory Research Paper No. 2018-27, Duke Law School Public Law & Legal Theory Series
Number of pages: 26 Posted: 02 May 2018 Last Revised: 24 Jul 2018
John Monahan, Anne Metz and Brandon L. Garrett
University of Virginia School of Law, University of Lynchburg and Duke University School of Law
Downloads 190 (291,296)
Citation 6

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Risk assessment, sentencing, judicial process, recidivism

68.

The Law on Police Use of Force in the United States

German Law Journal (2020), 21, Duke Law School Public Law & Legal Theory Series No. 2021-16
Number of pages: 15 Posted: 23 Feb 2021
Brandon L. Garrett and Christopher Slobogin
Duke University School of Law and Vanderbilt University - Law School
Downloads 187 (295,346)

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Policing; deadly force; arrests; stop and frisk; exclusionary rule; qualified immunity; consent decrees

69.

Fact Stripping

Duke Law School Public Law & Legal Theory Series No. 2023-07, Duke Law Journal, Forthcoming
Number of pages: 56 Posted: 27 Dec 2022 Last Revised: 24 Aug 2023
Joseph Blocher and Brandon L. Garrett
Duke University School of Law and Duke University School of Law
Downloads 181 (304,019)

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fact-finding, appellate review, factual review, Article III, due process

70.

Closing International Law's Innocence Gap

Southern California Law Review, Vol. 95, 2021, Duke Law School Public Law & Legal Theory Series No. 2021-24
Number of pages: 54 Posted: 19 Mar 2021 Last Revised: 20 Apr 2022
Brandon L. Garrett, Laurence R. Helfer and Jayne Huckerby
Duke University School of Law, Duke University School of Law and Duke University School of Law
Downloads 175 (313,242)
Citation 1

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innocence, wrongful conviction, human rights, post-conviction review, due process, fair trial, right to appeal, right to a remedy

71.

Corporate Confessions

Cardozo Law Review, Vol. 30, No. 3, 2009
Number of pages: 31 Posted: 19 Feb 2009
Brandon L. Garrett
Duke University School of Law
Downloads 174 (314,921)

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72.

Federal Criminal Risk Assessment

Cardozo Law Review, Forthcoming , Duke Law School Public Law & Legal Theory Series No. 2019-50
Number of pages: 26 Posted: 24 Jul 2019
Brandon L. Garrett
Duke University School of Law
Downloads 173 (316,475)
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risk assessment, federal prisons, pre-trial, post-conviction

73.

Open Risk Assessment

Behavioral Sciences & the Law, 2020, Duke Law School Public Law & Legal Theory Series No. 2020-41
Number of pages: 11 Posted: 25 Jun 2020
Brandon L. Garrett and Megan T. Stevenson
Duke University School of Law and University of Virginia School of Law
Downloads 167 (326,219)
Citation 1

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74.

Capital Jurors in an Era of Death Penalty Decline

Yale Law Journal Forum, Vol. 126, p. 417, 2017, UC Irvine School of Law Research Paper No. 2018-31, Duke Law School Public Law & Legal Theory Series
Number of pages: 15 Posted: 14 Mar 2017 Last Revised: 24 Jul 2018
Brandon L. Garrett, Daniel A. Krauss and Nicholas Scurich
Duke University School of Law, Claremont McKenna College - Department of Psychology and University of California, Irvine - School of Social Ecology
Downloads 165 (329,636)

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Death Penalty, Jurors, Death Sentencing, Life without Parole, Public Opinion

75.

Valid or Voodoo: A Qualitative Study of Attorney Attitudes Towards Risk Assessment in Sentencing and Plea Bargaining

Virginia Public Law and Legal Theory Research Paper No. 2020-25, Duke Law School Public Law & Legal Theory Series No. 2020-15
Number of pages: 26 Posted: 12 Mar 2020
Anne Metz, John Monahan, Luke Siebert and Brandon L. Garrett
University of Lynchburg, University of Virginia School of Law, Masters in Public Health Candidate, University of Virginia School of Medicine; Research Assistant, University of Virginia School of Law and Duke University School of Law
Downloads 157 (343,745)
Citation 2

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risk assessment, sentencing, plea bargaining, prosecutors, defense attorneys

76.

Aggregation and Constitutional Rights

Notre Dame Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2012-31
Number of pages: 48 Posted: 07 May 2012 Last Revised: 11 Jul 2018
Brandon L. Garrett
Duke University School of Law
Downloads 153 (351,334)

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77.

Judging the Use of Risk Assessment in Sentencing

Judicature, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2019-45, Duke Law School Public Law & Legal Theory Series No. 2019-54
Number of pages: 15 Posted: 15 Aug 2019
Brandon L. Garrett and John Monahan
Duke University School of Law and University of Virginia School of Law
Downloads 151 (355,112)

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risk assessment, alternative sentences, First Step Act

78.

The Reliable Application of Fingerprint Evidence

UCLA Law Rev. Disc., Vol. 66, No. 64, 2018
Number of pages: 16 Posted: 29 May 2018
Brandon L. Garrett
Duke University School of Law
Downloads 150 (356,963)

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79.

Introduction: New England Law Review Symposium on 'Convicting the Innocent'

New England Law Review, Vol. 46, No. 671, 2012
Number of pages: 17 Posted: 20 Jul 2012
Brandon L. Garrett
Duke University School of Law
Downloads 150 (356,963)

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80.

Undeliverable: Suspended Driver's Licenses and the Problem of Notice

UCLA Criminal Justice Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-80
Number of pages: 18 Posted: 04 Dec 2019
Karima Modjadidi, Brandon L. Garrett and William Crozier
Duke University School of Law, Duke University School of Law and Duke University School of Law
Downloads 139 (379,363)
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Driver’s License Suspension, Fines and Fees, Due Process, Notice

81.

Understanding the Impact of Driver’s License Suspension: Lay Opinion in Impacted and Non-Impacted Populations

Duke Law School Public Law & Legal Theory Series No. 2020-70
Number of pages: 38 Posted: 19 Oct 2020 Last Revised: 24 Feb 2021
William Crozier, Brandon L. Garrett and Karima Modjadidi
Duke University School of Law, Duke University School of Law and Duke University School of Law
Downloads 132 (394,955)

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Driver’s license suspension, traffic enforcement, misdemeanors, collateral consequences, inequality

82.

Unconstitutionally Illegitimate Discrimination

Virginia Law Review, Vol. 105, 2019, Forthcoming, Duke Law School Public Law & Legal Theory Series
Number of pages: 60 Posted: 14 Feb 2018 Last Revised: 23 Dec 2018
Brandon L. Garrett
Duke University School of Law
Downloads 124 (414,417)
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Intent, Discrimination, Constitutional Rights, Equal Protection Clause, Animus, Legitimacy, Public Reason

83.

Misplaced Constitutional Rights

Duke Law School Public Law & Legal Theory Series No. 2020-2
Number of pages: 42 Posted: 23 Dec 2019 Last Revised: 04 Feb 2020
Brandon L. Garrett
Duke University School of Law
Downloads 120 (424,536)

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Constitutional rights, jury instructions, qualified immunity, remedies

84.

Self-Policing: Dissemination and Adoption of Police Eyewitness Policies in Virginia

Virginia Law Review Online, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-36
Number of pages: 15 Posted: 17 May 2019 Last Revised: 12 Jul 2019
Brandon L. Garrett
Duke University School of Law
Downloads 120 (424,536)
Citation 1

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eyewitness identifications, lineups, police policies

85.

Rehabilitating Corporations

Florida Law Review Forum, Vol. 66, 2014, Duke Law School Public Law & Legal Theory Series
Number of pages: 3 Posted: 28 Oct 2014 Last Revised: 24 Jul 2018
Brandon L. Garrett
Duke University School of Law
Downloads 119 (427,199)

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86.

Foreword: Fees, Fines, Bail, and the Destitution Pipeline

Duke Law Journal, Vol. 69, No. 7, 2020, Duke Law School Public Law & Legal Theory Series No. 2020-33
Number of pages: 10 Posted: 04 Jun 2020
Brandon L. Garrett, Sara Sternberg Greene and Marin K. Levy
Duke University School of Law, Duke University School of Law and Duke University School of Law
Downloads 118 (429,933)

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Courts, Fees, Bail

87.

Validating the Right to Counsel

Washington and Lee Law Review, Vol. 70, 2013, Duke Law School Public Law & Legal Theory Series
Number of pages: 33 Posted: 26 Mar 2013 Last Revised: 24 Jul 2018
Brandon L. Garrett
Duke University School of Law
Downloads 115 (438,283)

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88.

The Boom and Bust of American Imprisonment

Texas Law Review, 2017, Virginia Public Law and Legal Theory Research Paper No. 2017-64
Number of pages: 33 Posted: 08 Nov 2017 Last Revised: 11 Jul 2018
Brandon L. Garrett
Duke University School of Law
Downloads 112 (446,960)

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89.

Liberty, Safety, and Misdemeanor Bail

Duke Law School Public Law & Legal Theory Series No. 2023-04, U of Houston Law Center No. 2023-A-7
Number of pages: 70 Posted: 23 Dec 2022 Last Revised: 04 May 2023
Duke University School of Law, University of Houston Law Center, Texas A&M University and Duke University - Trinity College of Arts & Sciences
Downloads 110 (453,112)

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bail, misdemeanors, due process, public safety, liberty, court appearance

90.

Face Value? How Jurors Evaluate Eyewitness Face Recognition Ability

Number of pages: 49 Posted: 16 Feb 2022
Duke University School of Law, Duke University School of Law, University of Virginia - Psychology, Duke University School of Law and Duke University School of Law
Downloads 103 (475,100)

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Eyewitness testimony, juror decision-making, face recognition, eyewitness identification, eyewitness confidence

91.

Driven to Failure: An Empirical Analysis of Driver's License Suspension in North Carolina

Duke Law School Public Law & Legal Theory Series No. 2019-60, Duke Law Journal, Forthcoming
Number of pages: 51 Posted: 23 Aug 2019 Last Revised: 14 Mar 2020
William Crozier and Brandon L. Garrett
Duke University School of Law and Duke University School of Law
Downloads 97 (494,673)
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fines, fees, driver's license suspension, traffic offenses, collateral consequences

92.

Judicial Reliance on Risk Assessment in Sentencing Drug and Property Offenders: A Test of the Treatment Resource Hypothesis

Virginia Public Law and Legal Theory Research Paper No. 2019-42, Criminal Justice and Behavior, 2019, Vol. 46, No. 6, June 2019, 799-810, Duke Law School Public Law & Legal Theory Series No. 2019-56
Number of pages: 13 Posted: 13 Aug 2019 Last Revised: 20 Aug 2019
Brandon L. Garrett, Alex Jakubow and John Monahan
Duke University School of Law, Yale Law School and University of Virginia School of Law
Downloads 97 (494,673)
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risk assessment, alternative sentences, treatment resources, drug and property crimes

93.

Corporate Crimmigration

University of Illinois Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2020-20
Number of pages: 43 Posted: 28 Apr 2020 Last Revised: 01 Feb 2021
Brandon L. Garrett
Duke University School of Law
Downloads 92 (511,752)

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immigration, corporate crime, workplace enforcement, E-Verify, employer, labor

94.

Sensitizing Jurors to Eyewitness Confidence Using “Reason-Based” Judicial Instructions

in press at Journal of Applied Research in Memory and Cognition
Number of pages: 62 Posted: 27 Apr 2022
Duke University School of Law, Duke University School of Law, Duke University School of Law, University of Virginia (UVA), College of Arts and Sciences, Department of Statistics, Students, University of Virginia, University of Utah and University of Virginia - Psychology
Downloads 90 (518,860)

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Eyewitness identifications, judicial instructions, jury instructions, jury decision-making, confidence, reasoning, accuracy

95.

The Crime Lab in the Age of the Genetic Panopticon (Book Review)

Michigan Law Review, Vol. 114, 2017, Duke Law School Public Law & Legal Theory Series
Number of pages: 21 Posted: 03 Feb 2017 Last Revised: 24 Jul 2018
Brandon L. Garrett
Duke University School of Law
Downloads 89 (522,525)

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96.

The Impact of Proficiency Testing Information and Error Aversions on the Weight Given to Fingerprint Evidence

Gregory Mitchell & Brandon L. Garrett, The Impact of Proficiency Testing Information and Error Aversions on the Weight Given to Fingerprint Evidence, 37 BEHAVIORAL SCIENCES & THE LAW 195-210 (2019)., Virginia Public Law and Legal Theory Research Paper No. 2019-23, Duke Law School Public Law & Legal Theory Series No. 2019-29
Number of pages: 24 Posted: 17 Apr 2019 Last Revised: 03 May 2019
Gregory Mitchell and Brandon L. Garrett
University of Virginia School of Law and Duke University School of Law
Downloads 80 (557,414)
Citation 1

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fingerprints, experts, proficiency testing, false conviction, false acquittal

97.

Risk and Resources: A Qualitative Perspective on Low-Level Sentencing in Virginia

Journal of Community Psychology 2019; 47: 1476-1492, Virginia Public Law and Legal Theory Research Paper No. 2019-47, Duke Law School Public Law & Legal Theory Series No. 2019-53
Number of pages: 34 Posted: 17 Aug 2019
Anne Metz, John Monahan, Brandon L. Garrett and Luke Siebert
University of Lynchburg, University of Virginia School of Law, Duke University School of Law and Masters in Public Health Candidate, University of Virginia School of Medicine; Research Assistant, University of Virginia School of Law
Downloads 78 (565,531)
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alternative sanction, judicial process, sentencing, sentencing guidelines

98.

Local Evidence in Constitutional Interpretation

Cornell Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series
Number of pages: 37 Posted: 07 Mar 2018 Last Revised: 24 Jul 2018
Brandon L. Garrett
Duke University School of Law
Downloads 73 (587,186)

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Localism, Evidence, Constitutional Interpretation, County-level data, Geography, Best Practices, Outliers

99.

Battling to a Draw: Defense Expert Rebuttal Can Neutralize Prosecution Fingerprint Evidence

Gregory Mitchell & Brandon Garrett (2021). Battling to a draw: Defense expert rebuttal can neutralize prosecution fingerprint evidence. Applied Cognitive Psychology, 35, 976-987. https://doi.org/10.1002/acp.3824, Virginia Public Law and Legal Theory Research Paper No. 2022-01, Duke Law School Public Law & Legal Theory Series No. 2022-04
Number of pages: 40 Posted: 14 Dec 2021 Last Revised: 12 Jan 2022
Gregory Mitchell and Brandon L. Garrett
University of Virginia School of Law and Duke University School of Law
Downloads 71 (596,338)

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fingerprint evidence, forensic evidence, juror decision-making, expert testimony, battle of experts, inoculation

100.

The Costs and Benefits of Forensics

Houston Law Review, Vol. 57, No. 593, 2020, Duke Law School Public Law & Legal Theory Series No. 2020-19
Number of pages: 24 Posted: 06 Apr 2020 Last Revised: 13 May 2020
Brandon L. Garrett
Duke University School of Law
Downloads 71 (596,338)

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Forensics, regulation, crime lab, proficiency, costs, benefits

101.

Applause for the Plausible

University of Pennsylvania Law Review Online, 2014, Virginia Public Law and Legal Theory Research Paper No. 2014-17
Number of pages: 10 Posted: 15 Feb 2014 Last Revised: 05 Aug 2014
Brandon L. Garrett
Duke University School of Law
Downloads 70 (600,980)

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Pleading, Civil Procedure, Twombly, Iqbal

102.

Standing While Black: Distinguishing Lyons in Racial Profiling Cases

Columbia Law Review, November 2000
Number of pages: 32 Posted: 16 Dec 2000 Last Revised: 19 Mar 2017
Brandon L. Garrett
Duke University School of Law
Downloads 52 (695,240)
Citation 2

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103.

Convicting with confidence? Why we should not over-rely on eyewitness confidence

Memory, Vol.30, No.1, 2022, UC Irvine School of Law Research Paper No. 2022-28
Number of pages: 5 Posted: 08 Sep 2022
University of California, Irvine, Duke University School of Law, Michigan State University - Department of Psychology and University of California, Irvine - Department of Psychological Science
Downloads 44 (746,259)

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Confidence and accuracy, eyewitness memory, eyewitness identification, DNA exonerations, wrongful convictions

104.

COVID-19 and Criminal Justice: Foreword to the Chicago Law Review Online Symposium

University of Chicago Law Review Online, Vol. 1, No. 1, 2020
Number of pages: 3 Posted: 02 Aug 2021
Valena Elizabeth Beety and Brandon L. Garrett
Indiana University Maurer School of Law and Duke University School of Law
Downloads 44 (746,259)

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COVID-19, criminal justice, prisons, policing

105.

Madisonian Equal Protection

Columbia Law Review, Vol. 104, No. 837, 2004
Number of pages: 138 Posted: 15 Oct 2018
Brandon L. Garrett and James S. Liebman
Duke University School of Law and Columbia University - Law School
Downloads 43 (753,102)

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106.

How Jurors Evaluate Fingerprint Evidence: The Relative Importance of Match Language, Method Information, and Error Acknowledgement

Journal of Empirical Legal Studies, Volume 10, Issue 3, 484–511, September 2013, https://doi.org/10.1111/jels.12017
Number of pages: 45 Posted: 22 Feb 2023
Brandon L. Garrett and Gregory Mitchell
Duke University School of Law and University of Virginia School of Law
Downloads 24 (905,898)

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107.

Wrongful Convictions

Annual Review of Criminology, Vol. 3, pp. 245-259, 2020
Posted: 16 Jan 2020
Brandon L. Garrett
Duke University School of Law

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