Excited Utterance

The Burdens of Proof. Dale Nance from Case Western Reserve University School of Law disentangles the burden of proof. He argues that while we commonly view the weight of evidence as a holistic concept, it really consists of two parts: discriminatory power and Keynesian weight.

Communicating the Results of Forensic Science Examinations. David Kaye from Penn State Law discusses a new technical report focusing on how best to present forensic results to factfinders.

The Value of Confrontation as a Felony Sentencing Right. Shaakirrah Sanders from the University of Idaho advocates for extending the Confrontation Clause beyond the trial context to felony sentencing hearings.

Informant Witnesses and the Risk of Wrongful Convictions. Jessica Roth from Cardozo Law School takes on the issue of informant witness testimony, arguing that informant testimony is unreliable, often creates serious risks for wrongful conviction, and requires additional safeguards.

John Henry Wigmore and the Rules of Evidence. Andrew Porwancher from the University of Oklahoma talks about his new biography of Wigmore and discusses Wigmore's place in the battle between legal formalism and legal realism.

Machine Testimony. Andrea Roth from Berkeley tackles the problem of evidence generated by machines.

Eying the Body to Find Truth. Daphne O'Regan from Michigan State uses ideas from classical rhetoric to contextualize the norms of courtroom behavior and to explain the assumption that we can assess a witness's credibility by observing demeanor.

Credibility by Proxy. Julia Simon-Kerr from the University of Connecticut discusses the rules governing character evidence of a witness's truthfulness, arguing that they are historically founded on status-based ideas.

Testing for Accuracy in the Forensic Sciences. Jay Koehler from Northwestern University discusses the lack of error rates for forensic techniques.

Juries and Lay Participation. Nancy Marder from Chicago-Kent College of Law offers a comparative perspective on the jury, surveying the different ways in which laypersons are used and controlled in different common law and civil law systems.