Excited Utterance

The Incomplete Rule of Completeness. Louisa Heiny from the University of Utah talks about the tension between Federal Rule of Evidence 106 and the common law Rule of Completeness that it sought to replace.

Litigation Science After the Knowledge Crisis. Edith Beerdsen from NYU talks about the replicability crisis in science and how courts can use the lessons learned from it to improve scientific evidence.

Bad Character, Tragic Errors and Deep Ignorance. Liat Levanon from King's College London makes an ethical and aesthetic argument against the use of character evidence, suggesting that wrongful convictions of reformed defendants constitute acutely tragic errors.

Rape Accusations and the Preponderance of Evidence. Georgi Gardiner from the University of Tennessee talks about sexual misconduct allegations and discusses how the classic “he said, she said” scenario paradoxically should satisfy and SHOULD NOT satisfy the preponderance standard of proof.

Preferences for Criminal Justice Error Types. Yehonatan Givati discusses whether we all actually think it better for ten (or even one) guilty to go free than to convict one innocent, and why some of us might think differently.

Secret Conviction Programs. Meghan Ryan from SMU Dedman School of Law talks about convictions based on evidence analyzed or created by secret algorithms or computer programs unavailable in discovery.

Profile Evidence, Fairness and the Risks of Mistaken Convictions. Marcello DiBello from the City University of New York provides a new take on why profile evidence might be objectionable, focusing on the risk of false positives.

The Law & Politics of Cyberattack Attribution. Kristen Eichensehr from UCLA School of Law talks about the standards used to attribute cyberattacks.

Reputation vs. Opinion. Bobby Harges from Loyola University New Orleans considers Louisiana’s requirement that character evidence be presented through reputation only and not through opinion testimony.