Brandon L. Garrett

Duke University School of Law

210 Science Drive

Box 90362

Durham, NC 27708

United States

http://www.brandonlgarrett.com/

SCHOLARLY PAPERS

105

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36,832

SSRN CITATIONS
Rank 9,404

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Top 9,404

in Total Papers Citations

68

CROSSREF CITATIONS

73

Scholarly Papers (105)

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 4,090 (3,921)
Citation 3

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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 2,295 (10,032)
Citation 1

Abstract:

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3.

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 1,965 (12,907)
Citation 3

Abstract:

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4.

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 1,698 (16,314)

Abstract:

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5.

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 935 (39,052)
Citation 2

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Innocence, Criminal Procedure, Constitutional Law

6.

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 852 (44,324)
Citation 3

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

7.

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 842 (45,010)

Abstract:

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8.

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 835 (45,609)

Abstract:

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

9.

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 689 (58,971)
Citation 4

Abstract:

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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 688 (59,082)
Citation 3

Abstract:

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11.

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 616 (68,125)

Abstract:

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

12.

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 584 (72,856)
Citation 2

Abstract:

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13.

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 542 (79,933)
Citation 2

Abstract:

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14.

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 533 (81,617)

Abstract:

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15.
Downloads 512 (85,773)

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 389 (117,626)

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 123 (350,232)

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

16.

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 504 (87,525)

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 501 (88,186)
Citation 1

Abstract:

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18.

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 481 (92,810)

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constitutional rights, corporations, standing, organizational standing

19.

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 479 (93,059)
Citation 2

Abstract:

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20.

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 479 (93,059)

Abstract:

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21.

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 469 (95,400)

Abstract:

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22.

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 School of Law
Downloads 467 (95,899)
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

23.

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 455 (98,848)

Abstract:

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24.

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 437 (104,220)
Citation 2

Abstract:

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corporate law, compliance, corporate governance, compliance committees

25.

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 435 (104,220)

Abstract:

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26.

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 418 (109,173)
Citation 1

Abstract:

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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 416 (109,791)

Abstract:

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

28.

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
NC Prisoner Legal Services, Duke University School of Law, Duke University School of Law and Duke University School of Law
Downloads 409 (111,981)

Abstract:

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Juvenile, life without parole, sentencing

29.

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 404 (114,549)

Abstract:

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

30.

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 401 (114,549)
Citation 1

Abstract:

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31.

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 397 (115,864)
Citation 2

Abstract:

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

32.

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 377 (122,844)

Abstract:

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33.

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 365 (127,453)

Abstract:

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34.

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 335 (139,943)
Citation 1

Abstract:

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forensics, plea bargaining, jurors, CSI

35.

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 318 (147,876)
Citation 3

Abstract:

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36.

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 310 (152,376)

Abstract:

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

37.

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 305 (154,549)

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

38.

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 301 (156,636)

Abstract:

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39.

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 300 (157,178)
Citation 2

Abstract:

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40.

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 297 (158,843)

Abstract:

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41.

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 278 (170,190)

Abstract:

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proficiency, expert, evidence, forensics, Daubert, qualification

42.

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 277 (170,821)
Citation 1

Abstract:

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43.

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 276 (172,703)

Abstract:

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44.

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 254 (186,217)
Citation 2

Abstract:

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45.

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 249 (189,944)

Abstract:

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46.

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 245 (192,988)
Citation 2

Abstract:

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Equal protection, due process, cumulative harm, constitutional law

47.

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 238 (198,446)

Abstract:

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Pretrial, bail, policy, data, transparency

48.

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 236 (200,051)

Abstract:

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49.

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 231 (204,217)

Abstract:

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50.

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 230 (205,035)

Abstract:

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Confessions, Interrogations, Miranda

51.

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 227 (207,621)

Abstract:

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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 218 (215,802)

Abstract:

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corporate crime, white-collar crime, deferred prosecution

53.

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 216 (217,668)

Abstract:

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

54.

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 214 (220,579)

Abstract:

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

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 206 (227,489)

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

56.

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 204 (229,548)

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Sentencing, Section 2255, Habeas Corpus, Innocence

57.

Judging Firearms Evidence

Duke Law School Public Law & Legal Theory Series No. 2023-10
Number of pages: 76 Posted: 19 Jan 2023 Last Revised: 09 Feb 2023
Brandon L. Garrett, Eric Tucker and Nicholas Scurich
Duke University School of Law, Duke University School of Law and University of California, Irvine
Downloads 201 (233,565)

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

58.

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 198 (235,717)
Citation 1

Abstract:

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59.

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 197 (236,783)

Abstract:

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60.

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 190 (244,588)

Abstract:

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61.

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 183 (252,772)
Citation 1

Abstract:

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62.

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 181 (255,205)
Citation 1

Abstract:

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

63.

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 180 (256,455)
Citation 6

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Risk assessment, sentencing, judicial process, recidivism

64.

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 172 (266,665)

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

65.

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 Hastings Law, UC Hastings Law, 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 California, Los Angeles (UCLA) - School of Law, 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 167 (273,609)

Abstract:

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admissibility, bite mark, expert evidence, forensic science

66.

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 162 (280,623)

Abstract:

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67.

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 159 (284,988)
Citation 1

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risk assessment, federal prisons, pre-trial, post-conviction

68.

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 158 (286,432)

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

69.

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 152 (297,396)

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forensic science, legal education, scientific evidence, quantitative methods

70.

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
Downloads 152 (295,776)

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

71.

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 147 (304,049)

Abstract:

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72.

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 140 (316,080)

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73.

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 139 (317,792)
Citation 1

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

74.

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 136 (323,292)

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75.

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 134 (327,026)

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risk assessment, alternative sentences, First Step Act

76.

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 119 (357,051)
Citation 1

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77.

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 112 (372,733)

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Constitutional rights, jury instructions, qualified immunity, remedies

78.

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 110 (377,450)

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79.

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 107 (384,813)
Citation 2

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eyewitness identifications, lineups, police policies

80.

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 107 (384,813)

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81.

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 106 (387,321)
Citation 1

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Intent, Discrimination, Constitutional Rights, Equal Protection Clause, Animus, Legitimacy, Public Reason

82.

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 96 (413,944)
Citation 1

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Driver’s License Suspension, Fines and Fees, Due Process, Notice

83.

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 96 (413,944)

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84.

Fact Stripping

Duke Law School Public Law & Legal Theory Series No. 2023-07
Number of pages: 51 Posted: 27 Dec 2022 Last Revised: 18 Jan 2023
Joseph Blocher and Brandon L. Garrett
Duke University School of Law and Duke University School of Law
Downloads 90 (431,375)

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

85.

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 88 (437,377)

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

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 87 (440,435)

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Courts, Fees, Bail

87.

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 87 (440,435)
Citation 1

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fines, fees, driver's license suspension, traffic offenses, collateral consequences

88.

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 84 (449,810)

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

89.

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 81 (459,655)

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90.

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 80 (463,044)
Citation 4

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risk assessment, alternative sentences, treatment resources, drug and property crimes

91.

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 68 (506,579)

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

92.

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 67 (510,555)
Citation 1

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alternative sanction, judicial process, sentencing, sentencing guidelines

93.

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 66 (514,540)
Citation 1

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

94.

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 64 (522,706)

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

95.

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 63 (526,871)

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Pleading, Civil Procedure, Twombly, Iqbal

96.

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 62 (531,090)

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

97.

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 57 (552,846)

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

98.

Liberty, Safety, and Misdemeanor Bail

Duke Law School Public Law & Legal Theory Series No. 2023-04
Number of pages: 70 Posted: 23 Dec 2022 Last Revised: 01 Feb 2023
Duke University School of Law, University of Houston Law Center, Texas A&M University and Duke University - Trinity College of Arts & Sciences
Downloads 56 (557,367)

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

99.

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 53 (571,537)

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

100.

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 44 (617,622)
Citation 2

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101.

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 36 (664,163)

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102.

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
Arizona State University (ASU) - Sandra Day O'Connor College of Law and Duke University School of Law
Downloads 35 (670,351)

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COVID-19, criminal justice, prisons, policing

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 22 (762,242)

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

104.

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 6 (902,628)

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105.

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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