Barbara O'Brien

Michigan State University - College of Law

318 Law College Building

East Lansing, MI 48824-1300

United States

  • Michigan State University - College of Law

SCHOLARLY PAPERS

15

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3,985

SSRN CITATIONS
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Top 26,047

in Total Papers Citations

16

CROSSREF CITATIONS

12

Scholarly Papers (15)

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1.

Confirmation Bias in Criminal Investigations

1st Annual Conference on Empirical Legal Studies Paper
Number of pages: 34 Posted: 05 Jul 2006
Barbara O'Brien and Phoebe C. Ellsworth
Michigan State University - College of Law and University of Michigan Law School
Downloads 1,533 (11,760)
Citation 4

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confirmation bias, false convictions

2.

Frequency and Predictors of False Conviction: Why We Know So Little, and New Data on Capital Cases

2nd Annual Conference on Empirical Legal Studies Paper, U of Michigan Public Law Working Paper No. 93, MSU Legal Studies Research Paper No. 05-14
Number of pages: 30 Posted: 26 Jun 2007
Samuel R. Gross and Barbara O'Brien
University of Michigan Law School and Michigan State University - College of Law
Downloads 748 (34,017)
Citation 16

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wrongful convictions, exonerations, capital punishment

3.

Psychological Perspectives: Cognition and Decision Making

Chapter Three in Examining Wrongful Convictions: Stepping Back, Moving Forward, Carolina Academic Press, 2014 Forthcoming
Number of pages: 20 Posted: 20 May 2014
Keith A. Findley and Barbara O'Brien
University of Wisconsin Law School and Michigan State University - College of Law
Downloads 465 (63,232)

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Cognition, decision making, wrongful conviction, innocence, confirmation bias, belief perseverance, hindsight bias, mindset theory, cognitive dissonance, groupthink, just world

4.

A Recipe for Bias: An Empirical Look at the Interplay between Institutional Incentives and Bounded Rationality in Prosecutorial Decision Making

Missouri Law Review, Forthcoming, MSU Legal Studies Research Paper No. 07-08
Number of pages: 49 Posted: 28 May 2009
Barbara O'Brien
Michigan State University - College of Law
Downloads 250 (127,170)

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prosecutorial misconduct, prosecutorial discretion, psychology, accountability

5.

Rate of False Conviction of Criminal Defendants Who Are Sentenced to Death

Proceedings of the National Academy of Sciences, 2014, U of Michigan Public Law Research Paper No. 405, U of Michigan Law & Econ Research Paper No. 14-011
Number of pages: 11 Posted: 02 May 2014 Last Revised: 26 Mar 2018
Samuel R. Gross, Barbara O'Brien, Chen Hu and Edward Kennedy
University of Michigan Law School, Michigan State University - College of Law, American College of Radiology and University of Pennsylvania - Perelman School of Medicine
Downloads 228 (139,311)
Citation 2

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false convictions, wrongful convictions, exonerations, death penalty, capital punishment, survival analysis, statistics, criminal law

6.

It's Not Just What You Think But Also How You Think About it: The Effect of Situationally Primed Mindsets on Legal Judgments and Decision Making

Marquette Law Review, Vol. 92, No. 1, 2008, MSU Legal Studies Research Paper No. 06-19
Number of pages: 25 Posted: 18 Dec 2008
Barbara O'Brien and Daphna Oyserman
Michigan State University - College of Law and University of Southern California
Downloads 214 (148,002)

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psychology, priming, decision making, juries

7.

A Stubborn Legacy: The Overwhelming Importance of Race in Jury Selection in 173 Post-Batson North Carolina Capital Trials

Iowa Law Review, Forthcoming, MSU Legal Studies Research Paper No. 10-10
Number of pages: 30 Posted: 02 May 2012 Last Revised: 12 Jul 2012
Catherine M. Grosso, Barbara O'Brien and George G. Woodworth
Michigan State University College of Law, Michigan State University - College of Law and University of Iowa - Department of Statistics & Actuarial Science
Downloads 181 (172,836)

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capital punishment, death penalty, empirical analysis, equal protection, jury selection, peremptory challenges, race discrimination, Batson, North Carolina, Racial Justice Act

8.

Reply to Richard A. Leo and Jon B. Gould

Ohio State Journal of Criminal Law, Vol. 9, 2011 , U of Michigan Public Law Working Paper No. 211
Number of pages: 5 Posted: 22 Jul 2010 Last Revised: 15 Sep 2010
Samuel R. Gross and Barbara O'Brien
University of Michigan Law School and Michigan State University - College of Law
Downloads 147 (206,451)

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wrongful convictions, false convictions, exonerations, criminal prosecution

9.

Untangling the Role of Race in Capital Charging and Sentencing in North Carolina, 1990-2009

94 North Carolina Law Review 1997 (2016)
Number of pages: 37 Posted: 12 Nov 2015 Last Revised: 21 Feb 2017
Barbara O'Brien, Catherine M. Grosso, George G. Woodworth and Abijah Taylor
Michigan State University - College of Law, Michigan State University College of Law, University of Iowa - Department of Statistics & Actuarial Science and Michigan State University - College of Law
Downloads 63 (361,069)

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capital punishment, criminal law, death penalty, empirical analysis, murder, race discrimination, sentencing, North Carolina, Racial Justice Act

10.

Grounding Criminal Procedure

Journal of Gender, Race and Justice, Vol. 20, No. 1, 2017
Number of pages: 33 Posted: 27 Mar 2017
Catherine M. Grosso and Barbara O'Brien
Michigan State University College of Law and Michigan State University - College of Law
Downloads 45 (420,698)

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Criminal Procedure, Policing, Criminal Law, and Teaching Law

11.

Confronting Race: How a Confluence of Social Movements Convinced North Carolina to Go Where the McCleskey Court Wouldn’t

Michigan State Law Review, Vol. 2011, No. 3, 2011, MSU Legal Studies Research Paper No. 10-21
Number of pages: 43 Posted: 19 Sep 2012
Barbara O'Brien and Catherine M. Grosso
Michigan State University - College of Law and Michigan State University College of Law
Downloads 41 (436,161)

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12.

Beyond Batson's Scrutiny: A Preliminary Look at Racial Disparities in Prosecutorial Preemptory Strikes Following the Passage of the North Carolina Racial Justice Act

UC Davis Law Review, Vol. 46, 2013, MSU Legal Studies Research Paper No. 11-11
Number of pages: 33 Posted: 10 Jun 2013
Barbara O'Brien and Catherine M. Grosso
Michigan State University - College of Law and Michigan State University College of Law
Downloads 37 (452,836)

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peremptory challenges, jury selection, batson, race, discrimination

13.

Lawyers and Jurors: Interrogating Voir Dire Strategies by Analyzing Conversations

Journal of Empirical Legal Studies, Forthcoming
Number of pages: 27 Posted: 02 Aug 2019
Catherine M. Grosso and Barbara O'Brien
Michigan State University College of Law and Michigan State University - College of Law
Downloads 17 (559,693)

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capital punishment, death penalty, empirical analysis, jury selection, peremptory challenges, North Carolina

14.

A Call to Criminal Courts: Record Rules for Batson

Kentucky Law Journal, Vol. 105, 2017
Number of pages: 20 Posted: 02 Aug 2019
Catherine M. Grosso and Barbara O'Brien
Michigan State University College of Law and Michigan State University - College of Law
Downloads 10 (604,685)

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Batson, jury selection, equal protection, Legal Empiricism, and courts

15.

Examining Jurors: Applying Conversation Analysis to Voir Dire in Capital Cases, a First Look

Journal of Criminal Law and Criminology, Vol. 107, No. 4, 2017
Number of pages: 47 Posted: 02 Aug 2019
Barbara O'Brien, Catherine M. Grosso and Abijah Taylor
Michigan State University - College of Law, Michigan State University College of Law and Michigan State University - College of Law
Downloads 6 (631,482)

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capital punishment, death penalty, empirical analysis, jury selection, peremptory challenges, North Carolina